单词 | legal fiction |
释义 | legal fictionlegal fictionLegal FictionAn assumption that something occurred or someone or something exists which, in fact, is not the case, but that is made in the law to enable a court to equitably resolve a matter before it. In order to do justice, the law will permit or create a legal fiction. For example, if a person undertakes a renunciation of a legacy which is a gift by will the person will be deemed to have predeceased the testator—one who makes a will—for the purpose of distributing the estate. legal fictionn. a presumption of fact assumed by a court for convenience, consistency, or to achieve justice. There is an old adage: "Fictions arise from the law, and not law from fictions." legal fictionsomething assumed to be true for the sake of convenience whether true or false. See e.g. LOST MODERN GRANT. |
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