Loading ...
Sorry, an error occurred while loading the content.
 

Legal Fiction

Expand Messages
  • Barry
    Black s Law Dictionary 5th Edition Fictio – In Roman law, a fiction; an assumption or supposition of the law. Such was properly a term of pleading, and
    Message 1 of 2 , Apr 5, 2005
      Black's Law Dictionary 5th Edition


      Fictio – In Roman law, a fiction; an assumption or supposition of the
      law. Such was properly a term of pleading, and signified a false
      averment on the part of the plaintiff which the defendant was not
      allowed to traverse; as that the plaintiff was a Roman citizen, when
      in truth he was a foreigner. The object of the fiction was to give
      the court jurisdiction.

      Fictio cedit veritati. Fictio juris non est ubi veritas – Fiction
      yields to truth. Where there is truth, fiction of law exists not.

      Fictio est contra veritatem, sed pro veritate habetur – Fiction is
      against the truth, but it is to be esteemed truth.

      Fictio juris non est ubi veritas – Where truth is, fiction of law
      does not exist.

      Fictio legis neminem laedit – A fiction of law injures no one.

      Fiction of law – An assumption or supposition of law that something
      which is or may be false is true, or that a state of facts exists
      which has never really taken place. An assumption, for purposes of
      justice, of a fact that does not or may not exist. A rule of law
      which assumes as true, and will not allow to be disproved, something
      which is false, but not impossible.

      These assumptions are of an innocent or even beneficial character,
      and are made for the advancement of the ends of justice. They secure
      this end chiefly by the extension of procedure from cases to which it
      is applicable to other cases to which it is not strictly applicable,
      the ground of inapplicability being some difference of an immaterial
      character.

      Legal fiction – Assumption of fact made by court as basis for
      deciding a legal question. A situation contrived by the law to permit
      a court to dispose of a matter, though it need not be created
      improperly; e.g. fiction of lost grant as basis for title by adverse
      possession.
    • hobot
      Remember them Greek actors masks, one with fixed smile the other a frown...more sites on this.
      Message 2 of 2 , Apr 5, 2005
        Remember them Greek actors masks, one with fixed
        smile the other a frown...more sites on this.
        http://www.google.com/search?q=persona+legal+fiction&btnG=Google+Search
      Your message has been successfully submitted and would be delivered to recipients shortly.