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. 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
legal fiction 法律拟制 指法庭对事实作出的假设以作为裁决某一法律问题的基础，即假设某一事实是真实的，即使它可能并不真实。法律拟制主要是在司法推理过程中作出，以改变某一法律规则的适用。 (→fiction of law)