Sunday, September 06, 2009

What is a Legal Fiction?

Legal fictions are facts or situations assumed or created by courts which are then used to resolve matters before them. Legal fictions are mostly encountered under common law systems. ~ Wikipedia: Legal Fiction
In other words, legal fictions are things assumed to be true by the courts, usually to fill a legal or factual void. Legal fictions may or may not be statutory, and are used when the situation fits the criteria set in the statute or in the precedents.

Here is a (non-exaustive) compilation of legal fictions that occur in the Quebec Civil Code. I will add to this list as I come across new articles.

616. Where persons die and it is impossible to determine which survived the other, they are deemed to have died at the same time if at least one of them is called to the succession of the other.

The succession of each of the decedents then devolves to the persons who would have been called to take it in his place.

2695. Sont considérées comme immobilières l'hypothèque des loyers, présents et à venir, que produit un immeuble, et celle des indemnités versées en vertu des contrats d'assurance qui couvrent ces loyers.

Ces hypothèques sont publiées au registre foncier.

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