Legal Fictions |
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Page 48
V. K. Varadachari. CHAPTER VI FUNCTIONS OF FICTIONS 1. Legal fiction disguises the change in a legal rule Maine in his Ancient Law employed the expression " Legal fiction " , " to signify any assumption which conceals or affects to ...
V. K. Varadachari. CHAPTER VI FUNCTIONS OF FICTIONS 1. Legal fiction disguises the change in a legal rule Maine in his Ancient Law employed the expression " Legal fiction " , " to signify any assumption which conceals or affects to ...
Page 65
... legal result desired in view of the legal rule or of choice between com- peting rules in effect covering the same ground , although nominally for distinct situations . In other words , a more subtle fiction does for the matu- rity of law ...
... legal result desired in view of the legal rule or of choice between com- peting rules in effect covering the same ground , although nominally for distinct situations . In other words , a more subtle fiction does for the matu- rity of law ...
Page 81
... rules in the legal system . Whatever rule is used as a justification , that rule will be capable of embracing different situations . But every case adds something to the precision of the rule and refines , modifies or qualifies the legal ...
... rules in the legal system . Whatever rule is used as a justification , that rule will be capable of embracing different situations . But every case adds something to the precision of the rule and refines , modifies or qualifies the legal ...
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