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constructive

adj. a legal fiction for treating a situation as if it were actually so. Some examples help to clarify this term: a) although Jeremiah Gotrocks does not have the jewelry in his possession, he has the key to the safe deposit box and the right to enter so he has "constructive possession"; b) although there is no written trust document, George Holder has picked up $10,000 in bearer bonds from the post office box of his niece Tess Truehart, who gave him her post office box combination while she was traveling in Europe-this makes Holder her "constructive trustee."

See also: constructive eviction  constructive fraud  constructive notice  constructive possession  constructive trust 

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The People's Law Dictionary by Gerald and Kathleen Hill Publisher Fine Communications

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