Presumption (Catholic canon law)

Jus novum (c. 1140-1563) Jus novissimum (c. 1563-1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of the faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life Presumption in the canon law of the Catholic Church is a term signifying a reasonable conjecture concerning something doubtful,[1][2] drawn from arguments and appearances, which by the force of circumstances can be accepted as a proof.

Presumption has its place in canon law only when positive proofs are wanting, and yet the formulation of some judgment is necessary.

The foundation of these legal presumptions is to be sought in the natural conclusions drawn from the ordinary happenings of common life and the consideration of the motives that usually sway men in given circumstances.

[3] Thus, it is called presumption of law alone (juris tantum) when a thing is judged to be so until the contrary is proved.

[2] Natural presumptions (presumptiones juris naturales) fall under the definition of presumptio hominis.