Fiction in law is a way invented by the ancient Romans to make the impossible or nonexistent possible and proven. To create a fiction, any fact or phenomenon, the existence of which cannot be confirmed or proved objectively, was recognized as existing. And this either generated certain legal consequences, or became one of the stages of the system of evidence of any categories of a higher level. Fiction is a fiction that has received the legalized right to life. If a fiction was recognized, then challenging it from any position became impossible. Fiction is a lie recognized as truth for the sake of something or someone. In this aspect, fiction is akin to an axiom or presumption, that is, a logical formula that does not require additional proof.
Applying fiction
Fiction is most often used in private law. The most striking cases of its use are situations such as the adoption and recognition of a person as missing. Despite the fact that adoption is not a fact of confirmation of biological paternity, it is a legal category in which the adopted child may not have a connection with the adoptive parent, but it gives rise to significant legal consequences, from the right to registration to inheritance rights. So is the recognition of a person dead or missing. It is possible that a person left the world or was abducted by aliens, but the court finds him missing or dead. And satisfied heirs begin to share housing. In this case, fiction is a tool that helps speed up the movement of processes that would not occur or take place slowly without the introduction of lies or fiction.
Ancient Rome and Fiction
In ancient Rome, fictitious designs were more diverse. This recognition of the status of a citizen of a great city for a worthy barbarian, and recognition of the existing new categories or things that were not previously reflected in the hammered constructions of Roman legal formulas.
The consequences of manipulation of fiction
Of course, legal fiction is one of many ways to make life easier and for a law enforcement officer. When the court sends a subpoena, and the tax inspectorate - a notice of payment of transport tax to the address indicated by the citizen, and not to the actual place of residence - the citizen is considered notified, although this is not so. The cost of ascertaining his place of residence is not equivalent to the bonuses received from a real notice. So fiction is something that seems like one big plus. But it's not always the case. The adversarial process in criminal proceedings makes the establishment of guilt nothing more than a fiction. The court does not evaluate the objective truth, but the arguments of the parties. So the final court decision is a legal fiction. The fact of guilt is proven, recognized, but may differ from the truth. Alas, this is so. So, until we return to the Soviet principle of establishing absolute truth in the process, any court decision will be the same legal fiction as recognizing a person as missing.