@article {6226,
	title = {{\quotedblbase}Normy wirtualne{\textquotedblright} a obowi{\k a}zki realne. O instrumentalnym wynikaniu norm i jego konsekwencjach dla prakseologicznej prawid{\l}owo{\'s}ci zmian w prawie},
	journal = {Krytyka Prawa. Niezale{\.z}ne Studia nad Prawem},
	volume = {13},
	year = {2021},
	month = {6/2021},
	pages = {227{\textendash}247},
	abstract = {The article deals with the problem of modal inference: if some addressees are
obliged to do something, they are also obliged to realize states of affairs which
constitute a necessary condition for the main obligation. Likewise, they are obliged
to refrain from realizing states of affairs which constitute a sufficient condition for
the action contradicting the main obligation. This type of inference is called in Polish legal theory {\textquotedblleft}instrumental inference{\textquotedblright}. It is argued in the article that sometimes instrumental norms in law must be fulfilled ({\textquotedblleft}preparatory actions{\textquotedblright} must be undertaken) before the main obligation is fulfilled. Lawgiver helps addressees of norms by applying vacatio legis. It can lead to new paradoxical consequences {\textendash} to the creation of {\textquotedblleft}virtual norms{\textquotedblright} {\textendash} norms which never come into force, but addressees are obliged to undertake preparatory actions. The article presents theoretical
description of this phenomenon. In conclusion one dogmatic claim is proposed:
there is a potential way (art. 4171 {\textsection} 1 k.c.) of getting from public officials compensation for preparatory actions which caused burden for addressees, when the main obligation turned out to be {\textquotedblleft}virtual{\textquotedblright}. In Poland this procedure should be based on the rulings of the Constitutional Tribunal.},
	issn = {2080-1084},
	doi = {10.7206/kp.2080-1084.459}
}
