Duhaime's Law Dictionary


In Fictione Juris Semper Aequitas Existit Definition:

Latin: With legal fictions, equity always exists.

Related Terms: Legal Fiction

Also:

  • legal fiction is always consistent with equity; or
  • A legal fiction must not be permitted against the legal rights of a third party.

William Blackstone wrote of legal fictions (fictione juris):

"And these fictions of law, though at first they may startle the student, he will find upon further consideration to be highly beneficial and useful, especially as this maxim is ever invariably observed, that no fiction shall extend to work an injury, its proper operation being to remedy a mischief, or remedy an inconvenience, that might result in the general rule of law. So true it is that in fictione juris semper subsistit evquitas."

Similarly, Herbert Broom:

"Fictio juris (legal fiction) is defined to be a legal assumption that a thing is true which is either not true or which is as probably false as true. And the rule on this subject is that the court will not endure that a mere form or fiction of law, introduced for the sake of justice, should work a wrong contrary to the real truth and substance of the thing."

REFERENCES:

  • 3 Bl. Comm. Ch. IV, p. 43
  • Broom, Herbert, A Selection of Legal Maxims Classified and Illustrated, 10th Ed., (London: Sweet & Maxwell Limited, 1939)

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