O.V. Tanimov

Development of Legal Fiction in Modern Age

2014. No. 4. P. 4–18 [issue contents]
The paper is devoted to research of the problems related to the development in Modern Age a uniquelegal phenomenon, i.e. legal fiction which was applied when other norms failed to regulate publicrelations to eliminate drawbacks and ambiguity. The nature of fiction is in an ad hoc statement to berecognized as valid and vice versa. This area has been drawing attention of both legal academics andpracticing lawyers since ancient times. Fictions applied in Ancient Roman law, in the Middle Ages.A special significance of legal fictions was noted by C.F. Savigny, an outstanding representative ofthe Historical School of Law, as he studied the set of fictions both as a special tool to regulate publicrelations and a consistent legal theory. In Modern Age, it was dubbed the theory of a legal person. Thepaper analyzes the ideas and conclusions of the scholar who has allowed modern researchers andpracticing lawyers to see the positive influence of the theory of fictions both on the development oflegislation, legal practice, legal education and experience a pivotal role and diversity and the relevanceof the phenomenon of fiction in the theory of law. Besides, the article has studied contrasting views ofthe theory of fictions by the representatives of different legal schools: Germanists, Romanists etc., whothough having opposed Savigny’s theory of legal fiction recognized somehow in their opinions the factthat the legal person is an illusory subject of law. The paper is also studying the attitudes of Russiancivilists to the fiction. The complex analysis of scientific views of the phenomenon of fiction in law haslet make up the idea of the process of the development of legal fiction in the epoch of Modern Age.
Citation: Tanimov O. (2014) Development of Legal Fiction in Modern Age. Pravo. Zhurnal Vysshey shkolyekonomiki, no 4, pp. 4–18.
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