Legal Fictions in Practice and Legal Science |
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Page 16
... veritate ' , they do not all have a lawful effect ( effectus iuris ) as is the case with legal fictions . Therefore , the defini- tion must include the element of effectus iuris . Bartolus further states that Cinus ' definition is ...
... veritate ' , they do not all have a lawful effect ( effectus iuris ) as is the case with legal fictions . Therefore , the defini- tion must include the element of effectus iuris . Bartolus further states that Cinus ' definition is ...
Page 17
... veritate assumptio . ' 65 The other is a ' new ' definition , viz . ' fictio est falsitas pro veritate accepta ex specialissima et iustissima causa in iure expressa . ' He thus became the first jurist to include in his definition the ...
... veritate assumptio . ' 65 The other is a ' new ' definition , viz . ' fictio est falsitas pro veritate accepta ex specialissima et iustissima causa in iure expressa . ' He thus became the first jurist to include in his definition the ...
Page 69
... VERITATE ELEMENT The pro veritate element completes the idea that was started by the words assumptio contra veritatem . It completes the idea that in the fiction something , which has not been proved and which is contrary to the truth ...
... VERITATE ELEMENT The pro veritate element completes the idea that was started by the words assumptio contra veritatem . It completes the idea that in the fiction something , which has not been proved and which is contrary to the truth ...
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