Legal Fictions in Practice and Legal Science |
From inside the book
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Page 51
... rules of law or to deduct general principles from rules of law . ' Just as necessary and beneficial as we now regard the reduction of theory to the fewest possible simple and clear principles , we must reject and identify as deceit of ...
... rules of law or to deduct general principles from rules of law . ' Just as necessary and beneficial as we now regard the reduction of theory to the fewest possible simple and clear principles , we must reject and identify as deceit of ...
Page 123
... law of contract.'3 35 The dominant philosophy behind the law of contract in ... rules of the game and defaulted in the performance of his contractual ... rules of law or the principles of good faith . ' So great was the emphasis on ...
... law of contract.'3 35 The dominant philosophy behind the law of contract in ... rules of the game and defaulted in the performance of his contractual ... rules of law or the principles of good faith . ' So great was the emphasis on ...
Page 125
... law in resolving a dispute ; the judge applied the same rules , but under the pretense of giving effect to the ... rules pertaining to the interpretation and construction of con- tracts in South African law have developed along lines ...
... law in resolving a dispute ; the judge applied the same rules , but under the pretense of giving effect to the ... rules pertaining to the interpretation and construction of con- tracts in South African law have developed along lines ...
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