Original scientific paper
STATUTORY PRESUMPTIONS-SUPPLEMENT TO LEARNING ABOUT THE VIRTUALITY OF LEGAL REALITY-
Mihajlo Dika
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
The way in which statutory (legal) presumptions are presented and problematized in this paper does not depart from the usual viewpoints in the comparative doctrine of civil procedural law. On the one hand, however, one tends to develop (deepen) the theoretical consequences of those determinants, whereas, on the other hand, one tends to harmonize them with some theoretical constructions that the author of this paper holds as regards the general protective role of the process as well as regarding the general impostation of the fact finding method including fact finding by means of evidence. Apart from the concept of presumption as the presumed legal proposition or abstract presumption one should also introduce the concept of concrete statutory presumption as the conclusion drawn by applying the presumed legal proposition to the determination of the existence of a concrete base of presumption. This would replace the widely accepted determination of the concept of presumption as the fact the existence of which is presumed in law. It would also eliminate the confusion over the terms concrete statutory presumption and the object thereof in the domestic (civil) doctrine.
Keywords
statutory presumption; presumption of fact; legal presumption; base of presumption; presumed object (fact; legal situation); rebuttable and unrebuttable presumptions; counterevidence; evidence to the contrary; burden of proof; fictions
Hrčak ID:
130781
URI
Publication date:
7.4.2014.
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