FICȚIUNEA JURIDICĂ - CONȚINUT, ESENȚĂ ȘI FORMĂ ÎN DREPT
Legal Fiction - Content, Essence and Form in Law

Author(s): Cristian Neacșiu
Subject(s): Philosophy of Law
Published by: Universul Juridic
Keywords: fiction; legal fiction; the purpose of the law; the essence of the law; the form of law;
Summary/Abstract: Fiction is an integral part of each of us. Some help or improve our existence, and others prove to be "real" obstacles or simply amuse us. Paradoxically, when these are found in law, their effect proves to be beneficial and can be considered as a means of the purpose of the law - the desideratum. This means that it is actually thought out, edited and used by law, we can not but observe the "presence" in the field of law, or, even if we observe it, we ignore it by manifesting a juridical passivity. On the contrary, we must look at them with at least one trace of interest, an interest that is the impetus needed to develop an analysis and study them, only in this way being aware of their theoretical and practical importance. Thus, in this way, they are legitimate, as the necessary "realities" of law, realities without which its instrumental instrument would suffer a loss or even a loss, and implicitly, it would no longer be able to achieve its finality.

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