On Choices between Close by Definition and Close in Life. Formal Understanding of Closeness in Law and its Practical Dilemmas
Legal definitions are intended to increase the precision and communicativeness of a legal text. They are also treated as solid evidence of the legislator’s intention to understand a given phrase. They are therefore considered a simple provision – the application of the definition should not raise any doubts. An interesting example of such definition is the legal definitions of closeness, i.e. a close person or the closest person. The legislator does not define closeness by specifying its characteristics but by listing specific people who are to be considered as one under a particular act which makes it a manifestation of a formal understanding of closeness. Based on this understanding, the subject applying the law may encounter various dilemmas, the examination of at least some of them is the objective of this study.