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Mr Liron Shmilovits's picture

Email

ls621@cam.ac.uk
LLB (UNSW), BCom (UNSW), LLM (Cantab)
College Teaching Associate, co-Director of Studies in Law (Downing College)

Education CV

Master of Law, University of Cambridge, with First Class Honours (June 2014).

Diploma of Practical Legal Training, College of Law, Australia (November 2011).

Bachelor of Laws, University of New South Wales, with Distinction (March 2011).

Bachelor of Commerce (Major in Finance), University of New South Wales, with Distinction (March 2011).

Fields of research

Private law, intellectual property. 

 

PhD Thesis: Legal Fictions in Private Law

Summary

The aim of my project is to clarify and evaluate the role of legal fictions in private law. The term legal fiction means reliance on a proposition known to be false. The use of fictions may appear incongruous with a discipline concerned with fact-finding and reasoning. Nonetheless, legal fictions have pervaded the common law from its infancy.

My analysis of fictions will focus on the following questions: 1) What precisely is a legal fiction? 2) Why have legal fictions proven so necessary and common? 3) What are the advantages and disadvantages of legal fictions? 4) To what extent are fictions legitimate from an intellectual point of view? 5) What is the alternative? 6) Can we develop a legitimacy test for the fictions that remain? Such legitimacy test would represent a consistent, rigorous and principled approach to fictions in private law.

Supervisors

Professor David Ibbetson (supervisor).

Professor Graham Virgo (advisor). 

Representative Publications

Liron Shmilovits, ‘Legal Fictions in Theory and Practice’ [2017] 76 CLJ 683. 

Liron Shmilovits, ‘Amending a Contract contrary to its own Provisions’ [2016] LMCLQ 363.

Liron Shmilovits, ‘Testing the Limits of Interpretation’ [2016] LMCLQ 20.

 

Start Date

Oct 2014

End date

Sep 2018