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By presumption, the law assigns a certain meaning to human behaviour. This is independent of whether it really corresponds to the will of the contracting parties in the concrete case. The presumption thus focuses on the existence or non-existence of the facts, irrespective of the actual facts. A distinction can be made between rebuttable presumptions (with for proof of the contrary) and irrefutable presumptions (fictions). In the case of an irrefutable presumption, no proof to the contrary is admissible.

Term-Nr.: 676

German: Vermutung (837)

Source: LK-Lötscher, 11.05.2020

Notice: The contents of this terminology collection Lawpedia® with a focus on business law (especially financial market law) have been researched with great care and compiled on the basis of an extensive flash card, training materials and literature. The various sources (as far as they could be found) can be found in the abbreviations and source references. References to other sources are welcome. Despite the care taken, the provider cannot accept any liability for the accuracy, completeness and topicality of the information provided. The information is of a general nature in particular and does not constitute legal advice in individual cases.

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