DOMNIEMANIA PRAWNE W ŚWIETLE POJĘCIA CZYNNOŚCI KONWENCJONALNEJ

Abstract

Remarks formulated in the article are concerning consequences (with all difficulties involved with them) of such a manner of conceiving legal presumptions according to which presumptions are characterised as being sources of the directives serving for justifying factual statements within the process o f applying the law. Such consequences are fully manifested against the background of the problem of fictitiousness of establishments o f facts. But it seems that it is possible to overcome all ensuing difficulties if we can refer to the notion of conventional action.