presumpsere

Presumpsere is a term sometimes encountered in legal contexts, particularly in older or more traditional legal systems, referring to a presumption or a belief taken as true in the absence of evidence to the contrary. It is a Latin-derived term, often translated as "they presumed" or "it is presumed." This concept functions as a legal tool to streamline proceedings and ensure certain assumptions are made until disproven.

The core idea behind presumpsere is that certain facts or states of affairs are so common or likely that the law will accept them as true without requiring explicit proof. For instance, a person in possession of property might be presumed to be the rightful owner, or a child born to a married couple might be presumed to be the child of the husband. These are rebuttable presumptions, meaning that evidence can be introduced to challenge and overturn the assumed fact.

The purpose of such presumptions is to facilitate the administration of justice by avoiding unnecessary investigations into matters that are generally understood to be true. It shifts the burden of proof to the party who wishes to challenge the presumption. While the term "presumpsere" itself may not be as frequently used in modern legal statutes as it once was, the underlying principle of legal presumption remains a fundamental aspect of many legal systems worldwide. The specific presumptions and their strength can vary significantly between jurisdictions and types of law.