Legal fiction in the context of "Quasi-contract"

An entity is something that exists as itself. It does not need to be of material existence. In particular, abstractions and legal fictions are usually regarded as entities. In general, there is also no presumption that an entity is animate, or present. The verb tense of this form is to 'entitize' - meaning to convert into an entity; to perceive as tangible or alive.

The term is broad in scope and may refer to animals; natural features such as mountains; inanimate objects such as tables; numbers or sets as symbols written on a paper; human contrivances such as laws, corporations and academic disciplines; or supernatural beings such as gods and spirits.

The United Principalities of Moldavia and Wallachia (Romanian: Principatele Unite ale Moldovei și Țării Românești), commonly called United Principalities or Wallachia and Moldavia, was the personal union of the Principality of Moldavia and the Principality of Wallachia. The union was formed on 5 February [O.S. 24 January] 1859 when Alexandru Ioan Cuza was elected as the Domnitor (Ruling Prince) of both principalities. Their separate autonomous vassalage in the Ottoman Empire continued with the unification of both principalities. On 3 February [O.S. 22 January] 1862, Moldavia and Wallachia formally united to create the Romanian United Principalities, the core of the Romanian nation state.

In February 1866, Prince Cuza was forced to abdicate and go into exile by a political coalition led by the Liberals; the German prince Karl of Hohenzollern-Sigmaringen was offered the throne and, on 22 May [O.S. 10 May] 1866 he entered Bucharest for the first time. In July the same year, a new constitution came into effect, giving the country the name of Romania; internationally, this name was used only after 1877, since at the time it shared a common foreign policy with the Ottoman Empire. Nominally, the new state remained a vassal of the Ottoman Empire. However, by this time the suzerainty of the Sublime Porte had become a legal fiction. Romania had its own flag and anthem; after 1867, it had its own currency as well.

Jeremy Bentham (/ˈbɛnθəm/; 4 February 1747/8 O.S. [15 February 1748 N.S.] – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism.

Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong". He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and (in an unpublished essay) the decriminalizing of homosexual acts. He called for the abolition of slavery, capital punishment, and physical punishment, including that of children. He has also become known as an early advocate of animal rights. Though strongly in favour of the extension of individual legal rights, he opposed the idea of natural law and natural rights (both of which are considered "divine" or "God-given" in origin), calling them "nonsense upon stilts". However, he viewed the Magna Carta as important, citing it to argue that the treatment of convicts in Australia was unlawful. Bentham was also a sharp critic of legal fictions.

The 1866 Constitution of Romania was the fundamental law that capped a period of nation-building in the Danubian Principalities, which had united in 1859. Drafted in a short time and closely modeled on the 1831 Constitution of Belgium, then considered Europe's most liberal, it was substantially modified by Prince (later King) Carol and adopted by the Constituent Assembly. The newly installed Prince then promulgated it on 13 July [O.S. 1 July] 1866. In a bold move, the constitution was drafted without input from the major powers. Notably, the framers did not even consult the Ottoman Empire even though Romania was nominally an Ottoman vassal. By then, however, the Ottoman Empire's sovereignty over Romania had long since become a legal fiction, though this only ended when Romania gained de jure independence in 1878.

As a constitutional convention, members of Parliament (MPs) sitting in the House of Commons of the United Kingdom are not formally permitted to resign their seats. To circumvent this prohibition, MPs who wish to step down are instead appointed to an "office of profit under the Crown"; by law, such an appointment disqualifies them from sitting in the House of Commons. For this purpose, a legal fiction has been maintained whereby two unpaid sinecures are considered to be offices of profit: Steward and Bailiff of the Chiltern Hundreds, and Steward and Bailiff of the Manor of Northstead.

Since the passage of the House of Commons Disqualification Act 1975, "offices for profit" are no longer disqualifying in general, but the explicit list of hundreds of disqualifying offices contained in the act now includes the two stewardships so that this convention can be continued. It is rare for an MP to be nominated to a legitimate office of profit on the disqualifying list; no MPs have lost their seat by being appointed to an actual office since 1981, when Thomas Williams became a judge.

The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench.

The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of puisne justices, who were required to be Serjeants-at-Law, and until the mid 19th century only Serjeants were allowed to plead there.

A criminal court may impose a "mandate" as part of a legal process on a person accused of a crime consisting of an obligation to engage in certain conditions or activities in exchange for suspension or reduction in penalty; such as, conditions of probation, conditional discharges, or other conditional sentences. For example, a defendant convicted of driving while intoxicated or drug possession may be mandated to engage in alcoholism or substance abuse rehabilitation. The term is paradoxical because acceptance of the "mandate" is a voluntary act by the defendant, who also has the option of serving what would most generally (though the relative weight is a matter determined by the individual's perspective and readiness to change) be viewed as a harsher alternative, such as incarceration. In this sense, the mandate is not truly mandatory, but is instead a type of legal fiction wherein the court assumes an illusion of power which, in actuality, is constrained by the defendant's free will.