LEGAL ARGUMENTATION WHEN WORKING WITH PRESUMPTIONS IN THE PROCESS OF APPLYING THE LAW IN THE CONTINENTAL LEGAL SYSTEM
Article Sidebar
Main Article Content
Abstract
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.
Article Details
Copyright and originality of the offered manuscript
1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.
2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.
3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.