Legal Fictions in Practice and Legal Science |
From inside the book
Results 1-3 of 45
Page 25
... fictions is the same as employing standard types . By fic- tions situations ... fictions quoted by Meijers it appears that he sees the fiction - construction ... theoretical legal fictions . The former are those employed by posi- tive law ...
... fictions is the same as employing standard types . By fic- tions situations ... fictions quoted by Meijers it appears that he sees the fiction - construction ... theoretical legal fictions . The former are those employed by posi- tive law ...
Page 64
... Theoretical and practical fictions are both assump- tions contrary to facts : in the one case we accept that these facts exist , in the other case they have been already proved . Theoretical fictions are true fictions just as practical ...
... Theoretical and practical fictions are both assump- tions contrary to facts : in the one case we accept that these facts exist , in the other case they have been already proved . Theoretical fictions are true fictions just as practical ...
Page 156
... the adoptive parent.3 The legal position of the incestuosus is explained by the fiction that he does not have a father . The rules of usucapio explain the hus- band's marital power over his wife in the case of 156 Theoretical fictions.
... the adoptive parent.3 The legal position of the incestuosus is explained by the fiction that he does not have a father . The rules of usucapio explain the hus- band's marital power over his wife in the case of 156 Theoretical fictions.
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