Thus, the main purpose of adoption was to extend spiritual benefits, and the secondary goal was to continue the lineage of the family. Under the current legislation, the purpose of the adoption is irrelevant. The legal effect of adoption cannot be avoided merely because the adoption was made with the intention of depriving the adopted child of the right to inherit the property of the family of birth. Legal fictions or fictio juris play an important role in the definition of law. Legal fiction refers to a fictitious fact that is legally treated as true for legal, administrative, or other reasons. That is, in certain situations where it is more convenient for the law to examine the facts in a certain way, a policy may be adopted that creates the necessary legal fiction. These are legal fictions: Artificial person. Now, why is it in the law? How is it legal? Not everything that is legal is legal. 28 A classic example of legal fiction is that English courts (which have no legislative power, but have nevertheless developed most of the common law) do not „create” a new law, but simply „explain” the common law that has existed since time immemorial. [2] 9 Dr. N.

V. Pranjpe: Studies in Jurisprudence and Legal Theory, pg.223, 8th edition Legal persons, on the other hand, are a person having some subject in which the law confers legal personality. Legal personality, which is the creation of a right, can be conferred on entities other than human beings. As Salmond rightly noted, „the law, in creating legal persons, always does so by personifying real things.” He added that while every legal personality implies personification, the reverse is not always true. 2 application of three basic principles or groups of principles to the enterprise. First, the legal capacity of a company is limited or limited in its scope, both by its object and, essentially, by ordinary law, to activities which are both lawful and proportionate to the general scope of its objects. On the other hand, within the limits of its respective objects, the financial, contractual and other capacity of the company corresponds exactly to the nature enjoyed by natural persons enjoying full legal capacity. This capacity is completely independent of the people who ultimately make up the members of society, derived from or associated in any way with them. Thirdly, the company itself is given full and independent procedural capacity vis-à-vis both its shareholders and third parties. The combination of these principles results in all known practical aspects of a separate legal entity. For example, because of its proprietary and other characteristics, the company may exist indefinitely, its usefulness as an entity for accounting purposes is given a legal basis and it opens the possibility for its members to limit their liability. 35 In ancient Rome, where every family needed a male heir, the absence of such an heir was overcome by the legal fiction of adoption.

In England, when the courts dealing with civil cases were full, the Court of Queen`s Bench (or King`s) Bench, a criminal court, could shoulder part of the burden by claiming that the accused had been arrested and imprisoned in a simple civil trial. The separate legal entity is one of the characteristics of the company. A separate legal entity means that the corporation has the separate entity from its members. A group of shareholders forms a corporation to sue the company under a new name that is in no way affiliated with any of the shareholders. Purpose of legal fiction – No one can be truly ideal and reasonable in all circumstances, a person can get carried away or overwhelmed, but the law does not assume and requires that a person use average minds in every situation. Legal fiction is necessary because there can be no exhaustive enumeration of the actions of a reasonable man in different circumstances. 21 Sir Henry Maine pointed out that fiction played a considerable role in the definition of law in ancient times, but today, with the growth of the system of legislative change, fiction has lost its value. Despite the opposite, Sir Frederick Pollock does not support this perspective and acknowledges that fiction is still relevant to the law today. The theory of constructive trust and ownership are modern illustrations of legal fiction.

A legal fiction is therefore a presumption opposed to the truth, when it is indeed possible to advance justice. The very good example of legal fiction is the famous saying that judges do not make laws, but only explain and interpret them. For example: idols and corporations have their personalities because of dogmatic fictions. So: „In what is certainly false, we have fiction, in what is not certainly true, we have presumption.” Legal fictions derive their legitimacy from tradition and precedent rather than from formal status as a source of law. In the past, many legal fictions have been created as an ad hoc remedy to deal with a difficult or unforeseen situation. Over the centuries, conventions and practices have brought some stability to the institution of legal fictions and specific legal fictions (such as adoptions and legal personality) that have been invoked repeatedly in current jurisprudence. Although the judiciary retains discretion in the use of legal fictions, some general statements about the appropriateness of using legal fictions could be expressed as follows: The use of legal fictions is necessary when the law functions as an expression of reflections on the rules that govern social activities.

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