Fictio
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
In Roman law. A fiction; an assumption or supposition of the law. "Fictio" in the old Roman law was properly a term of pleading, and signified a false averment on the part of the plaintiff which the defendant was not allowed to traverse; as that the plaintiff was a Roman citizen, when in truth he was a foreigner. The object of the fiction was to give the court jurisdiction.
Maine, Anc. Law, 25.
Fictio cedit veritati
Fictio juris non est ubi veritas. Fiction yields to truth. Where there is truth, fiction of law exists not. Fictio est contra veritatem, sed pro veritate habetur. Fiction is against the truth, but it is to be esteemed truth.
Fictio juris non est ubi veritas
Where truth is, fiction of law does not exist. Fictio legis inique operatur alicui damnum vel injuriam. A legal fiction does not properly work loss or injury.
3 Coke, 36; Broom, Max. 129.
Fictio legis neminem laedit
A fiction of law injures no one.
2 Rolle, 502; 3 Bl. Comm. 43; 17 Johns. 348.