ELI5: Explain Like I'm 5

Legal fiction

Legal fiction is when people pretend that something is true, even if it isn't. For example, let’s imagine that there is a law that says that people need to be at least 18 years old to vote. However, there is a person who is 17 and really wants to vote. In this case, the law pretends that the person is 18 by creating a legal fiction that allows them to vote even though they are not technically old enough.

Legal fictions are used in many different areas of the law to help solve problems or create a fair result. They help people follow rules and make things work smoothly. It’s like playing make-believe, but in the world of grown-up laws.

For example, a legal fiction that is often used in property law is "adverse possession". This means that if someone has been using a piece of land for a long time and nobody has tried to stop them, they might be able to claim ownership of the land. Even though they never bought the land, the law pretends that they did because they have been using it for so long.

In short, legal fiction is when people pretend something is true in order to make a decision that’s fair and just. It’s like a magical tool used by judges and lawmakers to make the law work for everyone.
Related topics others have asked about: