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FICTIO Definition & Legal Meaning

Definition & Citations:

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 falseaverment 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 objectof 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. Wherethere is truth, fiction of law exists notFictio est contra veritatem, sed pro veritate babetur. Fiction is against the truth, butit 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 notproperly work loss or Injury. 3 Coke, 36; Broom, Max. 129.Fictio legis nemincm lsedit. A fiction of law injures no one. 2 Rolle, 502; 3 Bl. Comm.43; Low v. Little, 17 Johns. (N. Y.) 348.


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