It is clear that a corporation is not a human who is capable by itself of performing acts that have legal repercussions, yet we accept this legal fiction in our daily lives without much thought. The institution is essential for today’s society and without it many actions that benefits the economy could not be performed. The last and most important example is the institution of the Corporate Personhood.

Tacit consent is used in contract law for example when one party, by not explicitly express its consent or dissent to renewal or dismissal of a contract, cause the clause of tacit consent to activate its predetermined effects. Tacit consent is used especially in administrative law, to have a more efficient and less costly public administration. Another example is the institute of tacit consent, which is widely used. Adoption results in a person being considered a son or a daughter of someone even if there is no real biological connection between them. Sometimes an institute derived from the fictio iuris from the Roman epoch is present even today, like the institute of adoption. The institute of the fictio iuris remains active even in the modern times. Therefore, the ratio of the fictio iuris was to solve a situation which was seen unjust without redrafting an entire set of laws. This was due to the fact that a prisoner of war was lawfully stripped of all of his rights, but this caused the unjust nullification of his testament. The most cited example of the fictio iuris in roman times was the Lex Cornelia, where if a soldier dies in captivity, it was considered dead from the moment of his capture. Its definition is: “ When the Law, for a just cause, artificially recognize the existence of something that is not really existent or consider as happened something that has not really happened ”. It was created two millennia ago, during the times of the Roman Republic.

The institute of the ‘Fictio Iuris’ is deeply rooted in the western legal tradition.

Republic at war ai fix