Legal Fictions in Practice and Legal Science
The Average Consumer in Confusion based Disputes in European Trademark Law and Similar Fictions
60 It is argued in this book that legal fiction theory can accommodate these
tensions and provide the best means for ... William eds., Legal Fictions in Theory
and Practice (1st edn, Springer, 2015), 3 (a translation of Kelsen's original text in
...
Author: Rasmus Dalgaard Laustsen
Publisher: Springer Nature
ISBN: 3030263509
Page: 435
View: 428
The Theory and Practice of Private International Law
It was only by a voluntary subjection , so they thought , that the particular law
could be applied to the foreigner ; no doubt they took up this idea of voluntary
subjection in a very wide sense , 23 and by means of legal fictions they
trespassed ...
Author: Ludwig von Bar
Publisher:
ISBN:
Page: 1162
View: 136
The Origin and Character of God
Legal fictions (here viewed positively, not pejoratively) are necessary whenever
theory and practice are at odds (cf. rabbinic law).169 The conflicts of theory and
practice are threefold. (1) The first conflict results from how a law mediated solely
...
Author: Theodore J. Lewis
Publisher: Oxford University Press, USA
ISBN: 0190072547
Page: 1048
View: 932
The Theory and Practice of Banking
In order to protect these Equitable interests without directly contravening the
fundamental laws of the xii , tables , the Prætors gradually created the great
system of Legal fictions , and these fictions were soon applied to protect the
Equitable ...
Author: Henry Dunning Macleod
Publisher:
ISBN:
Page:
View: 274
The Theory and Practice of Banking
Tables In order to protect these Equitable Interests without directly contravening
the fundamental laws of the XII . Tables , the Prætors gradually created the great
system of Legal Fictions : and these Fictions were applied to protect the ...
Author: Henry Dunning Macleod
Publisher:
ISBN:
Page:
View: 604
The Theory of Law and Civil Society
CRITICISMS OF THEORIES ON LEGAL FICTIONS . ... referred to its traditional
character or to the authority of the written word , but to the principles on which it
was founded , the function of legal fictions dwindled more and more in practice .
Author: Ágost Pulszky
Publisher: Рипол Классик
ISBN:
Page: 443
View: 108
Essays on the Theory and Practice of Criminal Justice
( 2 ) Legal change follows a definite order . First a lag occurs between the
substantive law and the social needs of society followed by an attempt by judges
, officials , and the laymen to make adaptations ( i . e . , use of legal fictions ) . The
last ...
Author: Robert M. Rich
Publisher: University Press of Amer
ISBN:
Page: 319
View: 909
Legal Fictions
No other legal fiction has attracted the attention lavished on corporate personality
. ... There are theories that deny the existence of a legal persona , that recognise
the physical existence of the Corporation or its juridical reality or its reality in the
abstract , mental sense . Fiction ... Legal Fictions in Practice & Legal Science , p .
Author: V. K. Varadachari
Publisher:
ISBN:
Page: 127
View: 789
Political Science The theory and practice of political science
In fact the family is a unitary entity with pure common interest only in traditional
common - law theory ( i . e . , in legal fiction ) . A more accurate picture shows
divisions of labor and interest that have important political implications (
Hartmann ...
Author: William J. Crotty
Publisher:
ISBN: 9780810109223
Page: 237
View: 329
Legal Fictions
Procedure Its Theory and Practice
Facts must be charged jury is a question of law for the judge . Bro . without
inference ... 27 . contract ; it is stated in the notes to In fictione juris semper
æquitas existit : A legal fiction is always consistent Craig 1. Van Bebber , where
also are with ...
Author: William Taylor Hughes
Publisher:
ISBN:
Page: 1289
View: 527
Social Theory and Practice
Auditing Theory and Practice
The legal fiction of the common law was that a day is indivisible , and therefore
even if a customer received his discount money just before closing on the date of
his note , and paid it immediately after opening on the date of maturity , he would
...
Author: Robert Hiester Montgomery
Publisher:
ISBN:
Page: 673
View: 390
The Theory and Practice of Taxation
ACTUALITIES , nor FICTIONS , THE LEGITIMATE SUBJECT OF TAXATION . —
Enact such laws , also , in respect to taxing titles as we may , experience will
prove that taxes can not be practically levied on imaginary things , or legal
fictions ...
Author: David Ames Wells
Publisher: New York, Appleton
ISBN:
Page: 648
View: 335
A Critical Analysis of the Theory and Practice of Accounting for Interest During Construction in the Corporate Enterprise with Particular Emphasis on Privately owned Electric and Gas Utilities
In the entity theory , the accounting focal point became the business unit or entity
, as contrasted with the proprietor under the proprietary theory . The entity theory
found support from the legal fiction of the corporation which stood as a separate ...
Author: Lawrence S. Pomerantz
Publisher:
ISBN:
Page: 786
View: 277
Fiction and the Languages of Law
Ecology in Theory and Practice
It is wholly artificial ; and made , like all other legal fictions , by common
agreement . What the particular nature of that agreement was , is collected from
the form into which the particular society has been cast . Perhaps rude , there ,
makes ...
Author: Jonathan Benthall
Publisher: Viking Adult
ISBN:
Page: 367
View: 367