Silence and tacit consent in Armenian public law: Legal fiction, presumption or substitution?

In the article, author researches problematic aspects of silence in law, particular, definition is provided, its meaning at various stages historical development outlined, types are described, legal consequences discussed, and place sphere conventions (legal presumptions, fictions, substitution). The provides following silence: a legitimate or unlawful inaction subject relations, from which conditional content subject’s will on issue follows (or) with positive law (transaction) directly connects occurrence consequences. Since can be interpreted as sign agreement disagreement, it argued that creates uncertainty. Given fact certainty modern life constitutional value, should exclude mitigate this uncertainty, arising predetermined by transaction. result falls within realm order to find out whether presumption, fiction substitution, article compares these categories. concludes legislator formulate same provision regarding both help (fictitious consent) presumption (presumed consent). At time, justification for impossibility considering tacit consent view objective reality there no silence, an essential reason excluding basis substitution.