Prezumția ca mijloc de probă în procesul civil, cu referire specială la prezumțiile legale
Presumption as means of evidence in the civil trial, with special reference to the legal presumptions
Author(s): Maria Fodor, Ioana-Cleopatra Drimer, Victor MarcusohnSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: legal presumptions; simple presumptions; legal nature; probative force; Civil Procedure Code;Civil Code;
Summary/Abstract: Presumptions have been playing an important role in the civil trial, their necessity and utility being recognized both in the doctrine and in the judicial practice. Recently, in order to remove any doubt about the quality of means of evidence of the presumptions, the legislator of the Civil Procedure Code enumerates them among the means of evidence and, at the same time, establishes their legal regime, and the legislator of the Civil Code has extended the scope of the legal presumptions. The reason behind these regulations is based precisely on the necessity to find out the truth also in the cases in which the judge does not have available direct evidence. Certainly, as we have stated on another occasion, the presumptions are indirect means of evidence, as the conclusions drawn imply eo ipso the prior proof of a fact that is neighbouring and related to the unknown fact. As we shall further show, the Romanian legislator has understood to classify the presumptions into legal (established by law) and judicial or simple (left to the enlightments and wisdom of the judge), with the mention that, in this study, we shall refer in particular to the legal presumptions.
Journal: Revista „Dreptul”
- Issue Year: 2018
- Issue No: 02
- Page Range: 9-50
- Page Count: 42
- Language: Romanian
- Content File-PDF