Presumptions and Fictions as Methods of Legal Technique

Abstract

Presumptions and fictions are of great importance among methods of the legal technique. In the context of both theory and practice, they are relatively independent methods of legal technique in the legal system, methods of uniform legal regulation. The provisions of the modern legal doctrine on the essence of presumptions have a meaningful identity with the provisions of Roman law in this area. Unlike fictions, legal presumptions are certain facts. In this context, absolute presumptions are reproduced in facts that do not require proof due to their objective nature. The author points out that there are signs of normativity in the presumption, so that it can influence the development of public relations. However, this sign is weaker than a similar sign of the legal norm. The role of legal presumption is that they help to clarify the influence and significance of other legal prescriptions, eliminate uncertainty and they represent a unifying connection in the application of legal norms. At the same time, presumptions act as legal prescriptions of a special type. Fictions were also widespread in Roman law. The new legal provisions that did not find understanding and support were disguised by the praetor and adjusted to the old existing regulations. The result was achieved artificially and indirectly with the help of fictions. Currently, the role of legal fiction is to overcome the irreplaceable uncertainty in the field of legal regulation of public relations.