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Legal Fictions in the Common Law of England and the USA: Historical &Legal Review

Bizyukov Sergey   (Pactum Law Office (St.Petersburg))

The article represents a historical & legal review of the legal fictions in the common law of England and, partly, the USA respectively covering the historical periods through which the formation and development of the common law as the unified system of law of England has undergone. The article contains a number of definitions of the legal fictions, as well as options of the classification thereof offered by various scholars. The Review concludes with the inquiry into the main principles for employing the fictions in the legal and judicial practices of the common law. The article primarily based on the English and American sources.

Keywords:legal fictions; common law of England; bill of Middlesex; Court of the King’s bench; Court of Chancery; Court of Common Pleas; writ; gaps in law; action of «trover»; indebitatus assumpsit; ejectio firmae; common recovery; nunc pro tunc; deodand.

 

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Citation link:
Bizyukov S. Legal Fictions in the Common Law of England and the USA: Historical &Legal Review // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2016. -№11. -С. 114-125
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