Manual Legal Fictions

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Simon Stern, The Ethics of Legal Fictions

That is, in certain situations where it is more convenient for the law to consider the facts to be a certain way, a policy may be adopted creating the necessary legal fiction. This definition is likely a bit confusing; we will explain the term more fully below.

legal fiction

As you can see, legal fictions appear in many different scenarios and practice areas. But they are generally not to be extended beyond the circumstances of their creation, as this would often lead to absurd results. A corporation can, however, be charged with criminal activity. Analogies may exist, however, and attorneys will no doubt attempt to argue for analogous treatment where appropriate.

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In international business matters, legal fictions will often come into play. An entity is said to have constructive possession of an item when, although the entity does not actually hold the item, it has some kind of access to the item. In our case, the entity owning goods in another country that are inside a locked facility may have constructive possession of the goods because it is the only party that has the keys to the facility.

For another example, in a complicated business transaction, there will be many interrelated agreements.

THESIS: The Atlas of Legal Fictions – Bridge

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