فرض قانونی

1 Law:: 1. legal fiction 2. presumption of law 3. legal presumption 4. fiction of law (Lat. fictio juris) [JBS : Fiction of law is defined as a supposition of law that a thing is true, without inquiring whether it be so or not, that it may have the effect of truth so far as is consistent with justice. There are many instances of fictions used in English law, eg, ejectment, fine, trover, etc. The phrase “implied by law” is frequently used to cover a legal fiction. For instance, when it is said that a contract or request is “implied by law,” it is frequently meant that no such contract or request has ever been made, but that, for certain legal purposes, it must be held to have been made. But the phrase in applied equally to the most rational and obvious inferences of fact. JBS] [JBS : The implied but genuine contract is frequently spoken of as a tacit contract … as if I order a coat from a tailor, without saying anything as to the price or quality. He, undertaking the order, tacitly promises me that the coat shall be reasonably fir for wear. I tacitly promise him to pay a reasonable price for it. In implied contracts of this class there is no agreement as to precise terms and conditions, but there is an agreement, though of a vague and general character. The implied contract which is such by fiction of law is frequently called a quasi-contract. JBS]

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