Legal Definitions - fictio juris

A fictio juris, also known as a legal fiction, is a legal assumption that something is true, even if it is not, or is probably not, for the purpose of achieving a just, practical, or convenient outcome in the application of law. It's a deliberate departure from reality made by the law to extend a rule, overcome a technical difficulty, or prevent an injustice, by pretending that a certain fact or state of affairs exists.

• Corporate Personhood

  The law treats a corporation, which is an organization or entity, as if it were a "person" with its own legal identity, separate from its owners or managers.

  How it illustrates fictio juris: This is a legal fiction because a corporation is not a living, breathing human being. However, by legally pretending it is a person, the law allows corporations to enter into contracts, own property, sue others, and be sued in their own name. This fiction enables commerce, provides a clear framework for business operations, and limits the personal liability of the individuals involved.

• Constructive Notice

  When a document, such as a property deed or a mortgage, is properly recorded in a public registry (like a county recorder's office), the law assumes that everyone has knowledge of its contents, regardless of whether they have actually read it.

  How it illustrates fictio juris: This is a legal fiction because it's impossible for every person to actually read every recorded document. The law creates the fiction of "constructive notice" to ensure stability and certainty in property transactions. It means that you cannot claim ignorance of a properly recorded interest in property, which prevents disputes and protects the rights of those who have recorded their interests.

• Adoption

  When a child is legally adopted, the law treats the adoptive parents as if they were the biological parents of the child, and the child as if they were born to them.

  How it illustrates fictio juris: This is a legal fiction because, biologically, the adoptive parents are not the child's birth parents. However, this legal pretense is crucial for establishing a full and complete parent-child relationship under the law. It ensures that the adopted child has the same rights and responsibilities as a biological child (e.g., inheritance, support), and that the adoptive parents have all the legal rights and duties of biological parents, providing a stable and secure family unit.