In fictione juris semper aequitas existit

In fictione juris semper aequitas existit
In a fiction of law, an equity always survives; that is, a fiction of law is always consistent with equity. "All fictions of law, we have been taught, were created to enable the court to do justice, and where to indulge a fiction is to cause injustice, its just limit has been found." Estate of Walker, 125 Cal 242, 57 P 991.

Ballentine's law dictionary. . 1998.

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  • law — / lȯ/ n [Old English lagu, of Scandinavian origin] 1: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority: as a: a command or provision enacted by a legislature see also statute 1 b:… …   Law dictionary

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