Fiction is fiction, the antithesis of absolute truth

A Fiction in the law – invented by the ancient Romans way of making the impossible or nonexistent is possible, and proven. For making the fiction a fact or occurrence whose existence is impossible to confirm or prove objectively, was recognized as existing. And it either gave rise to certain legal consequences, or become one of the stages of the system to prove any of the categories of a higher level. Fiction – it is an invention that received the legalized right to life.&If fiction was recognized, the challenge in any position is impossible. Fiction – it's a lie, recognized the truth for the sake of something or someone. In this aspect, fiction is akin to the axiom or presumption, that is, a logical formula that does not require additional evidence.

Fiction

Fiction is most often used in private law. The most striking cases of its application are situations such as adoption and recognition of a person missing. Despite the fact that adoption is not a confirmation of biological paternity is a legal category under which adopted children may not have connection with the adopter, but it generates legal consequences from the right to residence, to inheritance rights. and the recognition of a person dead or missing. It is possible that the person is gone from the world, or he was abducted by aliens, but the court finds him missing or dead. And happy heirs are likely to share housing. In this case, fiction – it is a tool that helps to accelerate processes without the introduction of falsehood or fiction would not happen or would happen slowly.

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Ancient Rome and fiction

In ancient Rome, design fiction was more diverse. This recognition of the status of citizen of a great city for a decent barbarian, and the recognition of existing categories or things that were not previously reflected in the engraved designs of Roman legal formulas.

The consequences of the manipulation of the fiction

Of Course, the legal fiction – one of the many ways to make life easier and Minister of law and order. When the court sends the summons and the tax Inspectorate-notification of payment of the transport tax specified by individual address and not the actual place of residence – a citizen is notified, though it is not so. Costs for clarification of his place of residence shall be equivalent to the bonuses from the actual notification. So the sham – it's something that's a big plus. But this is not always the case. the Adversarial process in criminal proceedings makes a finding of guilt nothing but a fiction. The court evaluates not the objective truth, and the arguments of the parties. So the final decision of the court is a legal fiction. The fact of guilt is proved, recognized, but may be different from the truth. Alas, but it is.So, until we returned to the Soviet principle of establishing the absolute truth in the process, any decision of the court is the same legal fiction as the recognition of a person missing.