Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 1

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  PRESUMPTIONS
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

PRESUMPTIONS IN LAW (Domnienky v prave)

100%
Kacer M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 6
502-515
EN
Presumptions of law, legal fictions and legal definitions are distinct legal rules since they do not contain normative consequences understood as obligation, forbiddance or permission to act, i.e. to perform a volitional act. The function of these rules is the obligation to consider (i.e. to perform an intellectual act) a certain factual state of affairs to be a different factual state of affairs (presumptions and fictions) or to be a specific legal expression (definitions). The difference between presumptions and fictions rests in their capability to reflect common experience. This doctrinal division, however, is not analytically consistent so far as legal doctrine adheres to the terminology of Roman law without reflection of changed circumstances (e.g. 'presumption' against ignorance of law).
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.