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NeCede's

Maxim 1.5.265

There is no fiction without law.

Nunquam fictio sine lege.

Source: Bouvier, Max. Difficulty 2/5 — Approachable

Explanation

Legal fictions exist only because the law creates and sanctions them for a specific purpose — no court may invent a fiction without lawful authority.

Where this applies

  • A court creates a legal fiction without any basis in law.
  • A judicial construct is challenged as having no statutory or common law authorization.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.265 — There is no fiction without law. — Bouvier, Max. (Nunquam fictio sine lege.)

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