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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