Legal Fictions |
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Page 20
... judge to decide as if he were a legislator when he finds a gap in the law , guided by approved legal doctrine and judicial traditions . A more recent version of the same idea is Article 3 of the Italian Civil Code of 1942 , which ...
... judge to decide as if he were a legislator when he finds a gap in the law , guided by approved legal doctrine and judicial traditions . A more recent version of the same idea is Article 3 of the Italian Civil Code of 1942 , which ...
Page 76
... judge - made law . To assert , as is sometimes done , that the judges do not in fact cement these interstices in ... judge says that the parties have impliedly consented to something , he is employing a fiction and when the judge relies ...
... judge - made law . To assert , as is sometimes done , that the judges do not in fact cement these interstices in ... judge says that the parties have impliedly consented to something , he is employing a fiction and when the judge relies ...
Page 81
... judge as on his audience.21 The concealment of a change in the rule of law has many advantages . It is easier to ... judge . A judge is required to justify his decision showing that he has acted upon the rules in the legal system ...
... judge as on his audience.21 The concealment of a change in the rule of law has many advantages . It is easier to ... judge . A judge is required to justify his decision showing that he has acted upon the rules in the legal system ...
Contents
Introduction | 1 |
Alienation | 28 |
Equity and Legal fictions | 34 |
Copyright | |
11 other sections not shown
Common terms and phrases
according action actual adoption allowed analogy applied assumed assumption authority become called child civil civil death common law conceal conclusive constructive contract corporation courts created death decision deemed defendant doctrine effect employed enactments England English entities equity established example existing express extended fact false fictitious function give Hindu law historical husband implied important Indian instance intention interpretation introduced judge judicial Jurisprudence juristic justice lawyers legal concepts legal fictions legal person legal rule legal system legislation limited Lord matter means nature needs object obligations observed offences operation original parties possession practical presumption principle reality reason recognised reference regarded relation remarks represent result Roman law rule situation Smritis social society statute theory things thought tion tort treated true trust truth unjust enrichment wife writers Yajnavalkya