Legal fictions in practice and legal science |
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Page 62
THE CONTRA VERITATEM ELEMENT If the wellknown examples of Roman
legal fictions are analysed, it is not difficult to understand the contra veritatem
element in the civilian definition. The veritas is that the Roman citizen had been ...
THE CONTRA VERITATEM ELEMENT If the wellknown examples of Roman
legal fictions are analysed, it is not difficult to understand the contra veritatem
element in the civilian definition. The veritas is that the Roman citizen had been ...
Page 63
As soon as the contra veritatem element is interpreted beyond this natural and
logical limit, it can become subject to misunderstanding and the peg on which
unrealistic and erroneous notions might be hung. An erroneous concept of the
contra ...
As soon as the contra veritatem element is interpreted beyond this natural and
logical limit, it can become subject to misunderstanding and the peg on which
unrealistic and erroneous notions might be hung. An erroneous concept of the
contra ...
Page 64
My analysis of the fiction structure and of the contra veritatem element
necessarily leads to the conclusion that the differentiation between true or proper
fictions ('echte, eigentliche Fiktionen') and those which are not real, true or proper
must be ...
My analysis of the fiction structure and of the contra veritatem element
necessarily leads to the conclusion that the differentiation between true or proper
fictions ('echte, eigentliche Fiktionen') and those which are not real, true or proper
must be ...
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Contents
The continental romanistic concept | 3 |
Vaihinger and his followers | 38 |
Denial of the legal fiction | 50 |
Copyright | |
5 other sections not shown
Common terms and phrases
accepted action adopted analogy analysis applied assumptio Bartolus basis bona child Cinus conclusion conclusive presumption condition conservatism contract contradiction contrary to reality court created deemed definition discussion doctrine of fictional dogmatic fiction employ fictions equity example existing expression fact factual false assumption feigned fiction concept fictional fulfilment fictitious formulae ficticiae Gaius glossators historical fictions Hoge Raad Ibid implied term Inst intention interpretation irrebuttable irrebuttable presumption iure iuris ius civile judge judicial fictions jurists Kaser legal consequences legal fiction legal rule legal science legis legislative legislature logical major premise means merely metaphor nasciturus fiction nature norms object particular parties person positive law practical praetor presumption principle quod Recht recognised regarded Roman law Roman-Dutch law rules of law Section sense situation South African statute theoretical fictions theory thought tion truth Ulpian usucapio Vaihinger Vaihinger's veritate veritatem element