Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Fictio
n. [Latin fr. fingare "to feign"] Roman law. A legal assumption or supposition (such as that the plaintiff was a citizen) necessary to cause certain legal consequences that otherwise would not occur. ( Legal fictions allowed Roman magistrates (praetors) to expand the law beyond what was strictly allowed by prior law. This practice also occurred in English law - for example, the action of common recovery, which allowed a landowner to convey land that by law could not be alienated (such as land held in fee tail). Pl. fictiones.
Fictio cedit veritati; fietio juris non est uba veritas
Fiction yields to truth; where the truth appears, there is no fiction of law.
Fictio est contra veritatem, sed pro veritate habetur
Fiction is contrarv to the truth, but it is regarded as truth.
Fictio juris non est ubi veritas
Where truth is, fiction of law does not exist.
Fictio legis inique operatur alicui damnum vel injuriam
Fiction of law works unjustly if it works loss or injury to anyone.
Fictio legis neminem laedit
A fiction of law injures no one.
Fiction
See LEGAL FICTION,
In fictione juris semper aequitas existit.
In a fiction of law there is always equity. 0 A legal fiction is always consistent with equity.
In fictione juris semper subsistit aequitas.
In a legal fiction equity always abides (or prevails).
Les fictions naissent de la loi, et non la loi des fictions
Fictions arise from the law, and not law from fictions.
Nunquam fictio sine lege
There is no fiction without law.
Tantum operatur fictio in casu facto quantum veritas in casu vero
A legal fiction operates to the same extent and effect in the supposed case as the truth does in a real case.
ex fictione juris
[Latin] By a fiction of law.
fictio juris
See LEGAL FICTION.
fiction of law
See LEGAL FICTION.
fictional action
See collusive action under ACTION.
fictional action.
See collusive action.
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. ( The constructive trust is an example of a legal fiction. - Also termed fction of law; fictio juris. "I employ the expression