Legal Fictions in Practice and Legal Science |
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Page 70
... presumption , we do not know whether the assumption is true or false ; the correctness of the presumption is in dubio . In the case of a rebuttable presumption , the law allows counterproof to the provisional assumption . If it becomes ...
... presumption , we do not know whether the assumption is true or false ; the correctness of the presumption is in dubio . In the case of a rebuttable presumption , the law allows counterproof to the provisional assumption . If it becomes ...
Page 71
... presumption supplied its place ; when a technical rule was found inapplicable to special circumstances , it was held ... presumption does not form part of the law of evidence , but of substantive law . The con- clusive presumption is ...
... presumption supplied its place ; when a technical rule was found inapplicable to special circumstances , it was held ... presumption does not form part of the law of evidence , but of substantive law . The con- clusive presumption is ...
Page 72
... presumption that every man intends the natural and probable consequences of his acts is not a pre- sumption but a fiction . 24 Likewise , the presumption of ' implied malice ' in English criminal law is really a fiction , as is the ...
... presumption that every man intends the natural and probable consequences of his acts is not a pre- sumption but a fiction . 24 Likewise , the presumption of ' implied malice ' in English criminal law is really a fiction , as is the ...
Contents
The continental romanistic concept | 3 |
The in re certa element | 4 |
The AngloAmerican jurists | 32 |
Copyright | |
6 other sections not shown
Common terms and phrases
abstract notions accepted action analogy analysis applied assumptio Bartolus basic basis Buckland causa certa Cinus Commentaria conclusion conclusive presumption contract Cornelia court created deemed discussion doctrine dogmatic fiction element example existing expression factual false assumption fiction concept fiction definition fictitious formulae ficticiae Gaius glossators historical fictions Ibid implied Inst intention interpretation irrebuttable irrebuttable presumption iure iuris ius civile judge judicial fictions jurists Justinian Kaser legal concepts legal consequences legal fiction legal rule legal science legis legislative legislature logical major premise mancipatio means merely metaphor nature norms object particular parties Pierre de Belleperche plaintiff practical praetor prescribed presumption principle pro veritate quod Recht regarded Roman law Roman-Dutch law rules of law scientific sense situation South African statute theoretical fictions theory thought tion traditional view true fictions truth Uâ‚‚ Ulpian usucapio Vaihinger Vaihinger's veritate veritatem