Legal Fictions in Practice and Legal Science |
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Page 24
... regarded in that sphere as A ( because it is regarded in sphere II as a ) as B for particular purposes , while there is another entity in sphere I which is usually regarded as B , because it is recognised in sphere II as b . Despite his ...
... regarded in that sphere as A ( because it is regarded in sphere II as a ) as B for particular purposes , while there is another entity in sphere I which is usually regarded as B , because it is recognised in sphere II as b . Despite his ...
Page 45
... regarded as normal in relation to the facts , the fiction has become a reality.'20 R. Mallachow also advocates this school of thought , 21 stating that fictio in its original scope meant re - building , changing . In the first place ...
... regarded as normal in relation to the facts , the fiction has become a reality.'20 R. Mallachow also advocates this school of thought , 21 stating that fictio in its original scope meant re - building , changing . In the first place ...
Page 112
... regarded as having been born whenever it is to its advantage . If the child is still - born , it is regarded as never having existed . ' 12. Sec . 3-1 BW : " The degrees of blood relationship is counted by the number of births which has ...
... regarded as having been born whenever it is to its advantage . If the child is still - born , it is regarded as never having existed . ' 12. Sec . 3-1 BW : " The degrees of blood relationship is counted by the number of births which has ...
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