الآثار القانونية لأحكام وقف الدعوى المدنية (دراسة تحليلية مقارنة) دكتور/ مصعب عمر الحسن طه(1)

Abstract

Abstract

       In this study, the researcher applied the descriptive, analytical and comparative approach. The study contained an introduction and two topics, The study contains an introduction and two topics. The introduction showed the importance of  the research in that proofing  by presumptions  is one of indirect means of proof that have a great role in guiding judges to the truth and correctness of the cases  that are set out in the guiding courts as disputes by  extrapolating the presumptions  from facts in the cases  that are in dispute. the aims of  the research are revealed in the extent of the impact of judicial presumptions in civil proofing, and it sufficiency in proofing. The study also contains two topics.in the first topic, the researcher discussed the definition of the judicial presumptions and its nature and validate authority .and in the second topic: the effect of legal presumptions in proofing.  The most important findings found are that the legal presumptions are conclusions extracted by the legislator from known incident a to be as indicator to unknown incidents. And it is not considered as evidence of proofing in the strict sense but rather a way of exemption from proofing, and one of the methods of exemption from the burden of proofing.

, and as for the most prominent recommendations: The researcher recommends the Yemeni legislator to replace the word (judicial conclusive presumptions) contained in the text of Article (157) with the word (the Strong judicial presumptions) as long as the judicial presumption is always permissible to prove the opposite, and that is  what was previously explained in the text.

Key words: presumption - legal - authority - proofing.