A rebuttable presumption can be overturned only if the evidence contradicting it is true and if a reasonable person could logically conclude from the evidence that the presumption is no longer valid. It exists in both criminal and civil law.
In criminal law, there is a presumption of innocence for the accused, in which the prosecution must prove guilt beyond reasonable doubt. This is an example of presumption without basic facts.
In Civil law, a child born of a husband and wife living together is presumed to be the natural child of the husband unless there is conclusive proof it is not. Also, a person who has disappeared and not been heard from for seven years is presumed to be dead, but the presumption could be rebutted if he/she is found alive.
إرسال تعليق