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Legal argumentation when working with presumptions in the process of applying the law in the continental legal system

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Dimova-Severinova D. M., Yordanova Ivanova G.
Data a výzkum - SDA Info (Data and Research - SDA Info)
|
2023
|
vol. 13
|
issue 1
42-56
EN
This article deals with the process of application of presumptions in law. Legal argumentation is part of all proceedings of applying the law. Every act of court’s jurisdiction should be justified and motivated as a guarantee of its correctness and lawfulness. In the proceedings of applying the law in the continental legal system, legal facts are not always proved through instruments of evidence. The legislator in modern society provides for the use of legal and factual presumptions in procedural laws. This article analyzes the specifics in legal proceedings when working with presumptions in the continental legal system. The question when and how the presumptions should be applied, how and for what reasons unfoundedness of judicial acts is allowed, is raised. The scientific work offers a methodology for construction of the legal justification in the acts on application of the law. In view of the presence of assumptions when comparing the factual and the normative, categorization of the logical variants of the conclusion is being derived. We emphasis on the analysis of factual presumptions and degrees of probability of court’s conclusions when working with them.
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