Fiction in the right - is the ancient Romans invented a way to make the impossible possible, and non-existent or proved.To create the fiction of any fact or phenomenon, the existence of which is impossible to confirm or prove objectively to accept the existing.And this gave rise to a certain legal consequences, or become one of the stages of proof of any higher-level categories.Fiction - a fiction that has received legal right to life.If fiction recognized, its challenging to any position becomes impossible.Fiction - it's a lie, acknowledge the truth for the sake of something or someone.In this aspect, similar to the axiom of fiction or presumption, that is a logical formula that does not require additional evidence.
Application fiction
Fiction is most often used in private law.The most striking cases of its application are situations such as the adoption and acceptance of the person missing.Despite the fact that adoption is not a confirmation of the fact of biological paternity is a legal category in which the adoptee may have no connection with the adopter, but it gives rise to significant legal consequences of the right of residence to inheritance rights.And the recognition of a person dead or missing.It is possible that the person has left the world or abducted by aliens, but the court finds him missing or dead.And rather heirs begin to share housing.In this case, a fiction - it is a tool to help accelerate the movement processes that without the introduction into circulation of lies or fabrications would not have occurred or would occur slowly.
Ancient Rome and fiction
In ancient Rome design fictions were more varied.This recognition of the status of a citizen of the great city for a worthy Barbarian, and the recognition of the existing or new categories of things that were not previously reflected in the embossed designs of Roman legal formulas.
consequences of manipulation with fiction
Of course, the legal fiction - is one of the many ways to make life easier, and minister of law and order.When the court sends a summons, and the tax authorities - notification of payment of vehicle tax at the specified address by the citizen, not the actual place of residence - informed citizen is considered, even though it is not so.Costs for clarification of his place of residence are not equivalent bonuses derived from the actual notice.So fiction - it is something that seems to be one big plus.But this is not always the case.Adversarial proceedings in the criminal trial to establish guilt does nothing more than fiction.The court evaluates not objective truth, and the arguments of the parties.So the final decision of the court is a legal fiction.The fact of guilt is proven, recognized, but may be different from the truth.Alas, but it tak.Tak that until we returned to the Soviet principle of the establishment of an absolute truth in the process, any decision of the court will be the same legal fiction, as well as the recognition of human untraceable missing.
