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NeCede's

Maxim 10.8.1

Fiction yields to truth; there is no fiction of law where truth is.

Fictio cedit veritati; fictio juris non est ubi veritas.

Source: 11 Co. 51; Wharton, Max. no. 189; Jackson, Lat. for Lawyers 3146 Difficulty 2/5 — Approachable

Explanation

A legal fiction may stand only where the truth is absent; the moment truth is established, the fiction falls and reality governs.

Where this applies

  • A legal fiction is being used but the truth has now been established.
  • The fiction served its purpose but real facts have come to light that should replace it.
  • Once truth is known, no legal fiction can override it.

Legal domains

interpretationprocedural

See also

Cite this maxim

NeCede Max. 10.8.1 — Fiction yields to truth; there is no fiction of law where truth is. — 11 Co. 51; Wharton, Max. no. 189; Jackson, Lat. for Lawyers 3146 (Fictio cedit veritati; fictio juris non est ubi veritas.)

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