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NeCede's

Maxim 10.8.4

In fiction of law, equity always exists.

In fictione juris semper aequitas existit.

Source: 11 Co. 51a; Broom, Max. 127, 130; Wharton, Max. no. 261 Difficulty 2/5 — Approachable

Explanation

Every legal fiction must be consistent with equity; a fiction that produces inequity is no longer a fiction but a falsehood and must fall.

Where this applies

  • A legal fiction must always be consistent with fairness and equity.
  • If the fiction produces inequity, it stops being a legitimate fiction.
  • Legal fictions exist to serve equity, not to undermine it.

Legal domains

equityinterpretation

See also

Cite this maxim

NeCede Max. 10.8.4 — In fiction of law, equity always exists. — 11 Co. 51a; Broom, Max. 127, 130; Wharton, Max. no. 261 (In fictione juris semper aequitas existit.)

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