Prawo a prawda, czyli o fikcjach prawnych uwagi historyka prawa
Law and truth — law historian’s remarks on legal fictions
Author(s): Wacław UruszczakSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: legal fiction; fictio iuris; Roman law;canon law;
Summary/Abstract: Legal fiction is a “lie of law” that entails acknowledging a contradiction with reality in order to produce the desired legal effect. The article presents the role of legal fictions in several legal orders, such as Roman law ( fictio legis Corneliae, fictio postliminii), canon law (e.g., legal representation, legal person, majority voting), medieval Polish law. The article also presents the requirements for the validity of legal fictions, advocated by medieval legal science, namely that they can only come from the legislator and only for reasons of equity and the common good.
Journal: Z Dziejów Prawa
- Issue Year: 21/2020
- Issue No: 13
- Page Range: 25-35
- Page Count: 11
- Language: Polish
