Legal Fictions |
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Page 19
... society . Is the era of legal - fictions over Has it crossed the meridian ? Or is it still a living and vital concept ? Opinion of jurists and theorists is divided on this question . We can place the view of Maine in the forefront ...
... society . Is the era of legal - fictions over Has it crossed the meridian ? Or is it still a living and vital concept ? Opinion of jurists and theorists is divided on this question . We can place the view of Maine in the forefront ...
Page 35
... society has decided to try the experiment and the experiment will not be tried unless society has allowed itself to be won over , or at least stirred . We have seen that the procedural and substantive fictions in the Roman law or Anglo ...
... society has decided to try the experiment and the experiment will not be tried unless society has allowed itself to be won over , or at least stirred . We have seen that the procedural and substantive fictions in the Roman law or Anglo ...
Page 81
... society . By means of flexibility , the law is kept abreast of the needs of society . Flexibility is achieved through provisos and exceptions within the rule , without openly abrogating the rule . The fiction is the only means for the ...
... society . By means of flexibility , the law is kept abreast of the needs of society . Flexibility is achieved through provisos and exceptions within the rule , without openly abrogating the rule . The fiction is the only means for the ...
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