Legal Fictions |
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Page 6
... situation as if it were the real situation before the court . The fiction changes the reality , i.e. the facts before the court.15 Esser is of the same opinion . He has stated that it would be erroneous to regard the law as a formal ...
... situation as if it were the real situation before the court . The fiction changes the reality , i.e. the facts before the court.15 Esser is of the same opinion . He has stated that it would be erroneous to regard the law as a formal ...
Page 56
... situation as a trustee . Constructive trust , essentially is a remedial process , extending to a wide variety of ... situations as obligations in the nature of trusts . Again , where a person who is not a direct trustee but assumes to ...
... situation as a trustee . Constructive trust , essentially is a remedial process , extending to a wide variety of ... situations as obligations in the nature of trusts . Again , where a person who is not a direct trustee but assumes to ...
Page 65
... situations . In other words , a more subtle fiction does for the matu- rity of law what is done for the strict law by ... situation . But conventions and practices over the centuries have imparted a degree of stability to the institution ...
... situations . In other words , a more subtle fiction does for the matu- rity of law what is done for the strict law by ... situation . But conventions and practices over the centuries have imparted a degree of stability to the institution ...
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