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NeCede's

Maxim 10.8.9

Where truth is, fiction of law does not exist.

Source: Black's 494; Bouv. 127; Weisman, 45a Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A legal fiction cannot survive where the truth has been established — once the actual facts are proved, the fiction is extinguished and reality governs.

Where this applies

  • A man was presumed dead after being missing for seven years, but then he reappears alive — the legal fiction of death is immediately extinguished because the truth is now known.
  • A corporation was treated as a separate legal person, but evidence proves it was a mere shell used to defraud creditors — the court pierces the corporate veil because the fiction cannot stand against the proven truth.
  • An adopted child was legally treated as the biological child of the adoptive parents, but when a medical history is needed, the court acknowledges the biological parentage because the medical truth overrides the legal fiction.

Legal domains

Cite this maxim

NeCede Max. 10.8.9 — Where truth is, fiction of law does not exist. — Black's 494; Bouv. 127; Weisman, 45a

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