Forming the Presumption in Substantiation of Claim

Document Type : Original Article

Abstract

Predominance, usage , habit and lawmaker permission are factors have roles in presumption in substantiation of claim but role of predominance is very low in origination of judicial circumstantial , so predominance of legal presumption is from judicial circumstantial evidence . in judicial circumstantial evidence , lawmaker permission has a general role but this permission in legal presumption has a case role and it requires lawmaker stipulation . therefore , predominance and lawmaker presumption are elements of legal presumption while elements of judicial circumstantial evidence come from presumption.
Induction is an element for investigation of predominance and presumption is built on the predominance and induction based reasoning has deduction nature therefore, two induction and deduction reasoning are combined together. In legal presumption , induction is provided by lawmaker and deduction is provided by judge , but induction and deduction in judicial circumstantial evidence is provided by judge.
Keywords: legal presumption, judicial presumption, predominance, induction , deduction.

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