Fiction is an invention, an antipode of absolute truth

Fiction in the law - it's invented by the ancient Romans way to make the impossible or nonexistent possible and proven. To create a fiction, any fact or phenomenon, the existence of which can not be corroborated or proved objectively, was recognized as existing. And this either gave rise to certain legal consequences, or it became one of the stages of the system of proving any categories of a higher level. Fiction is an invention that has been given the legal right to life. If the fiction was admitted, then its challenge from any position became impossible. Fiction is a lie recognized as truth for the sake of something or someone. In this aspect fiction is akin to an axiom or presumption, that is, a logical formula that does not require additional proof.

Applying Fiction

Fiction is most often used in private law. The most vivid cases of its application are such situations as adoption and recognition of a person missing. Despite the fact that adoption is not a fact of confirmation of biological paternity, this is a legal category in which the adopted child may not have a connection with the adopter, but it gives rise to significant legal consequences, from the right to register to hereditary rights. So is the recognition of a person dead or missing. It is possible that a person has left the world or was abducted by aliens, but the court recognizes him as missing or dead. And the happy heirs begin to share their housing. In this case, fiction is a tool that helps to speed up the movement of processes that without the introduction of falsehood or fiction would not occur or occur slowly.

Ancient Rome and fiction

In ancient Rome, the construction of fictions were more diverse. This is recognition of the status of a citizen of the great city for a worthy barbarian, and recognition of existing new categories or things that were not previously reflected in the chased designs of Roman legal formulas.

Consequences of manipulation with fiction

Of course, a legal fiction is one of the many ways to make life easier and a minister of law and order. When a court sends a summons, and a tax inspection - a notification of payment of the transport tax at the address specified by the citizen himself, and not at the actual place of his residence - the citizen is considered notified, even though it is not. The costs of ascertaining his place of residence are not equivalent to bonuses received from real notice. So fiction is something that seems like one big plus. But it is not always the case. The adversarial process in criminal proceedings makes the establishment of guilt nothing more than a fiction. The court evaluates not the objective truth, but the arguments of the parties. So the final decision of the court is a legal fiction. The fact of guilt is proven, recognized, but may differ from the truth. Alas, but this is so. So, until we return to the Soviet principle of establishing absolute truth in the process, any court decision will be the same legal fiction as the person's recognition of the person missing.