A legal fiction is " a technical lie devoted by the need " (Rudolf von Jhering). It is about a legal concept .

This handling of reality can be exerted on a fact, a situation or a standard. It consists in either denying, or to claim knowingly with one presumedly true in order to not bring the debate on the ground of the proof, but of the bottom.

The material sources of the right, legislative or jurisprudential call upon the fiction to exert an influence on reality.

Examples:

• the legal Personality
• the child to be born is supposed to be born each time it goes from there from its interest, as regards heritage in particular.
• the Adoption, which makes of the child adoptive that of the adoptive parents.
• the proverb No one is not supposed to be unaware of the Law is another example of legal fiction employed in right.
• the absence: a person deceased can survive juridically. On the contrary, an alive person can be considered dead, and must then be the object of a legal resurrection .
• As regards Right of the successions, the theory of the comourants specifies, in the absence of exact circumstances of dead members of a family, the order of the deaths according to the age and the kind.