[Unpublished thesis], LEROYER (Anne-Marie) – LEGAL FICTIONS, Thesis, supervised by Michelle Gobert, defended on July 11, 1995
[Unpublished thesis], LEROYER (Anne-Marie) – LEGAL FICTIONS, Thesis, supervised by Michelle Gobert, defended on July 11, 1995
[Unpublished thesis], LEROYER (Anne-Marie) – LEGAL FICTIONS, Thesis, supervised by Michelle Gobert, defended on July 11, 1995
    [Unpublished thesis], LEROYER (Anne-Marie)
    LEGAL FICTIONS, Thesis, supervised by Michelle Gobert, defended on July 11, 1995
Édition :
    Paris
Date :
    1995
    A4, typed and thermally bound thesis, (rare underlining), clean interior, [3 ff.]-619 p.
    Contemporary French legal doctrine views legal fictions unfavorably. The process is considered arbitrary. Its use should therefore be reserved for the legislature, which could only resort to it exceptionally and for compelling reasons of equity. Legal fictions should be subject to strict, if not restrictive, interpretation. In any case, the process should only be a palliative, to be eliminated by finding a means to achieve the same ends. These are the presuppositions that this study proposes to test in light of positive law. If the process is so poorly regarded, it is largely because it is poorly understood: doctrinal controversies abound regarding the very notion. The first part is thus devoted to better defining the concept of fiction. A precise definition can be proposed, allowing us to discover the existence of legal fictions, but also doctrinal and jurisprudential fictions, and those emanating from the will of individuals. The definition also allows us to better understand the specific nature of legal fictions in relation to related concepts and to fully appreciate the extent to which artifice is used by lifting the veil of supposed assimilation, analogy, or presumption to uncover the fiction. The importance of resorting to legal fictions then invites us to question their role. It appears that they are also used in diverse ways because they are a particularly useful legal technique and also an effective instrument of legal policy. Considering the manifest usefulness of legal fictions, we are led to consider their limits: is it always possible and desirable to use them? The limits of legal fictions are more or less extensive. Sometimes they can simply be limited; sometimes they must be completely eliminated.

Référence : 45633

Mots-clés : Civil law, Legislator

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