Legal Fiction Law and Legal Definition

Legal fiction is an assumption that something is true even though it may be untrue. It is made in judicial reasoning to alter the operation of a legal rule. In order to do justice, the law will permit or create a legal fiction. It is the presumption of facts arrived based on the circumstantial evidence or situation prevailing in that case, with an objective to achieve justice. Legal fiction is the assumption that a certain thing is true, and which gives to a person or thing a quality which is not natural to it, and consequently establishes, a certain disposition, which, without the fiction, would be repugnant to reason and to truth. Constructive trust is an example of a legal fiction.