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NeCede's

Maxim 10.8.7

Fiction is a poor ground for changing substantial rights.

Fictio est pauperum fundamentum ad mutanda jura substantialia.

Source: Bacon, Max.; Bouvier, Max.; Weisman, 45h Difficulty 2/5 — Approachable

Explanation

No fiction may be used to alter vested rights; it is a procedural convenience, not a substantive power, and may never serve as the basis for taking from one to give to another.

Where this applies

  • They're trying to use a legal fiction to take away my vested rights.
  • A fiction can't be the basis for changing someone's substantial rights.
  • No fiction may serve as grounds for taking from one person to give to another.

Legal domains

constitutionalinterpretationproperty

See also

Cite this maxim

NeCede Max. 10.8.7 — Fiction is a poor ground for changing substantial rights. — Bacon, Max.; Bouvier, Max.; Weisman, 45h (Fictio est pauperum fundamentum ad mutanda jura substantialia.)

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