Legal Definitions - ex fictione juris

Ex fictione juris is a Latin legal term that translates to "by a fiction of law."

It refers to a legal assumption or a legal construct that a court or legal system makes, even if it might not be strictly true in fact, in order to achieve a just, practical, or logical outcome. These fictions are created to extend the application of a law, overcome a procedural hurdle, or ensure fairness, without directly changing the underlying facts.

• Example 1: Inheritance for an Unborn Child

  Imagine a will that states, "All my property shall be divided equally among my children." If the person who made the will passes away, and at the time of their death, one of their children has been conceived but is not yet born, the law might, ex fictione juris, treat that unborn child as if they were already born for the specific purpose of inheriting. This legal fiction ensures that the child is not unfairly excluded from their inheritance simply because they had not yet entered the world, aligning with the likely intent of the will-maker.

• Example 2: Corporate Personhood

  A corporation is not a living person; it's an artificial entity created by law. However, ex fictione juris, legal systems treat corporations as "persons" for many purposes. This legal fiction allows a corporation to enter into contracts, own property, sue others, and be sued in its own name, separate from its individual owners or shareholders. This construct is essential for modern commerce, enabling businesses to operate as distinct legal entities.

• Example 3: Jurisdiction over Ships at Sea

  When a ship is sailing on the high seas, far from any national territory, it is technically in international waters. However, for legal and practical purposes, the law often applies the fiction that the ship is, ex fictione juris, part of the territory of the country whose flag it flies. This allows the laws of the flag state to govern activities, crimes, and disputes that occur on board the vessel, providing a clear legal framework and preventing lawlessness in international waters.