legal fiction

An assumption that something is true even though it may be untrue, made esp. in judicial reasoning to alter how a legal rule operates; specif., a device by which a legal rule or institution is diverted from its original purpose to accomplish indirectly some other object.

• The constructive trust is an example of a legal fiction.

— Also termed fiction of law; fictio juris. [Cases: Trusts 91. C.J.S. Trover and Conversion §§ 10, 12, 174, 195.]

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词条贡献者

译者Susanne，世界顶尖法学院国际税法专业，擅长翻译各种与联邦税务纠纷相关的法律文件。