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Simple English definitions for legal terms
fictio
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A quick definition of fictio:
Term: fictio
Definition: Fictio is a legal term that means a made-up story or assumption used in law to achieve a certain legal result. It was used in Roman law to expand the law beyond what was strictly allowed by the jus civile. For example, it allowed a landowner to convey land that by law could not be sold. Fictio is a way to make the law work better, even if it's not entirely true.
A more thorough explanation:
fictio
Fictio is a legal term that means a legal assumption or supposition that is necessary to achieve certain legal results that otherwise would not be obtained. It is a legal fiction that is used to expand the law beyond what is strictly allowed by the law.
One example of fictio is the action of common recovery in English law. This allowed a landowner to convey land that by law could not be alienated, such as land held in fee tail. Another example is the use of fictio in Roman law, where legal fictions allowed Roman magistrates to expand the law beyond what was strictly allowed by the jus civile.
These examples illustrate how fictio is used to achieve certain legal results that would not be possible without legal assumptions or suppositions. It allows the law to be expanded beyond its strict limitations to achieve a desired outcome.