Presumsioon

Presumption is a legal term that refers to a conclusion or judgment that is accepted as true without proof, based on the presumption that certain facts are true. It is commonly used in legal proceedings to simplify the process of establishing facts and to ensure fairness. There are two main types of presumptions: legal presumptions and rebuttable presumptions.

Legal presumptions are those that are conclusive and cannot be rebutted by the opposing party. An example of a legal presumption is the presumption of innocence in criminal cases, which means that a person is considered innocent until proven guilty beyond a reasonable doubt.

Rebuttable presumptions, on the other hand, can be rebutted by the opposing party if they can present evidence to the contrary. An example of a rebuttable presumption is the presumption of capacity in contract law, which means that a person is presumed to have the mental capacity to enter into a contract unless there is evidence to the contrary.

Presumptions are used to streamline the legal process and to ensure that justice is served fairly. They help to avoid unnecessary delays and costs associated with proving every fact from scratch. However, they also raise important issues of fairness and justice, as they can sometimes lead to unfair outcomes if not applied correctly. Therefore, the use of presumptions must be carefully balanced with the need for a fair trial.