Fictions arise from the law, not law from fictions.

Explanation

The law creates fictions as instruments to serve justice; fictions may never be used to create new law or to extend the law beyond its actual provisions.

Where this applies

• Someone is using a legal fiction to create new law rather than serve existing law.
• Fictions are tools of the law, not sources of new law.
• You can't use a fiction to extend the law beyond what it actually provides.

See also

• 10.8.1 Fiction yields to truth; there is no fiction of law where truth is.
• 10.8.4 In fiction of law, equity always exists.