LEGAL FICTION Meaning and
Definition
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Legal fiction is a concept used in law to refer to a presumption or assumption that is known to be false or unrealistic but is treated as if it were true. It is a legal technique employed to achieve a particular legal outcome or to serve a specific purpose, often an expedient or convenient one. Legal fictions are inventions of the law or jurists and are not based on factual reality, but rather on the needs or policy considerations of the legal system.
This concept is commonly employed to fill gaps in the law or overcome limitations imposed by legal principles. By assuming a certain fact or situation to be true, despite evidence to the contrary, a legal fiction allows the courts to apply the law in a manner that achieves justice or desired outcomes. Legal fictions often aim to promote fairness, equity, or efficiency within the legal system.
For example, the fiction of corporate personality states that a corporation is considered a separate legal entity from its shareholders and can enter into contracts or be held liable for its actions. This legal fiction is necessary to facilitate business transactions and provide clear rules for corporate liability.
While legal fictions are not founded on reality, they are recognized by the legal system and treated as if they were true for the purposes of legal proceedings and decision-making. They play a crucial role in shaping the law and allowing it to adapt to changing circumstances or meet the needs of society.
Common Misspellings for LEGAL FICTION
- kegal fiction
- pegal fiction
- oegal fiction
- lwgal fiction
- lsgal fiction
- ldgal fiction
- lrgal fiction
- l4gal fiction
- l3gal fiction
- lefal fiction
- leval fiction
- lebal fiction
- lehal fiction
- leyal fiction
- letal fiction
- legzl fiction
- legsl fiction
- legwl fiction
- legql fiction
- legak fiction
Etymology of LEGAL FICTION
The word "legal fiction" is derived from the combination of two separate terms, "legal" and "fiction".
"Legal" pertains to anything related to the law, legality, or the legal system. It comes from the Latin word "legalis", which means "of or pertaining to the law".
"Fiction", on the other hand, originated from the Latin word "fictio", meaning "invention" or "something made up". In general, "fiction" refers to something created or imagined in literature or other forms of storytelling.
Therefore, when combined, "legal fiction" refers to a concept or principle in law where a supposition or assumption may be made for practical or legal purposes, even if it may not reflect the truth or reality of a situation. It is an imaginary or assumed construct created within the legal system.
