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Presumption in the canon law of the Catholic Church is a term signifying a reasonable conjecture concerning something doubtful,drawn from arguments and appearances, which by the force of circumstances can be accepted as a proof. It is on this presumption our common adage is based: "Possession is nine points of the law". Presumption has its place in canon law only when positive proofs are wanting, and yet the formulation of some judgment is necessary. It is never in itself an absolute proof, as it only presumes that something is true. Canonists divide presumption into:
Canon 1584 of the 1983 Code of Canon Law defines the current canonical jurisprudence around presumption:
A presumption is a probable conjecture about an uncertain matter; one is a presumption of law, which is established by the law itself; another is human, which is formulated by a judge.
This canon of the 1983 Code removes the distinction between relative and absolute legal presumption that was present in the 1917 Code of Canon Law.
There are several sub-varieties of presumption of law. 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. The general rules are thus formulated: "What is natural is presumed to be in the person or case in question"; "Change is not to be presumed"; "Presumption is to be formed from the favourable side". As to effects, when there is question of presumption juris, it abstracts from the necessity of proof; not so presumption hominis. A judge can follow the first in civil cases even when doubt remains, not so the second. The former places the burden of proof on the adversary, but the latter does not. Finally, the first is considered of itself equivalent to proof, while the second needs corroboration from something extraneous to itself.
A legal presumption (presumptio juris) is a presumption that is stated in the positive canon law (ab ipsa lege ). Under the 1917 Code of Canon Law, legal presumption was divided into two kinds: juris tantum "which is relative and vincible by both direct and indirect proof to the contrary", and juris et de jure or absolute presumption which can only be refuted by indirect proof (undermining the fact(s) upon which the presumption is based). This distinction between the subdivisions of legal presumption, the relative (juris simpliciter) and the absolute (juris et de jure) was not continued into the 1983 Code of Canon Law and was dropped.
Thus, it is called presumption of law alone (juris tantum) when a thing is judged to be so until the contrary is proved. Hence the legal formulæ: "Everyone is presumed innocent until his guilt is proved"; "Once bad always bad" (i. e. in the same species of ill-doing, if amendment is not certain); "What is known in a remote place is known in a neighbouring place", and others similar.
It is denominated presumption juris et de jure, when the law so strongly supports the presumption that it is held to be certain in judicial proceedings. Against such a presumption no proofs are admitted except the evident truth. Thus, goods described in the inventory made by a guardian are presumed to belong to the possessions of the deceased, nor would the later testimony of the guardian himself to the contrary ordinarily be admitted.
Natural presumptions (presumptiones juris naturales) fall under the definition of presumptio hominis. According to a generally held opinion of canonists, "presumptions hominis and naturae are, in as far as they are moral, in contrast to presumptions juris or legal presumptions."
Presumptions of the natural law are those presumptions that are not stated in the positive canon law, and as such do not constitute legal presumptions. Some presumptions of the natural law have been incorporated into the Rules of Law . Sometimes judges use natural law presumptions as their basis for judicial presumptions.
As to the presumption judicis or hominis, it is denoted by the following:
Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
Law is the set of rules and principles (laws) by which a society is governed, through enforcement by governmental authorities. Law is also the field that concerns the creation and administration of laws, and includes any and all legal systems.
Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
In the canon law of the Catholic Church, a distinction is made between the internal forum, where an act of governance is made without publicity, and the external forum, where the act is public and verifiable. In canon law, internal forum, the realm of conscience, is contrasted with the external or outward forum; thus, a marriage might be null and void in the internal forum, but binding outwardly, i.e., in the external forum, for want of judicial proof to the contrary.
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The invocation of a presumption shifts the burden of proof from one party to the opposing party in a court trial.
The canon law of the Catholic Church is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.
The Acts of Roman Congregations is a term of the canon law of the Roman Catholic Church, used to designate the documents issued by the Roman Congregations, in virtue of powers conferred on them by the Roman Pontiff.
Regarding the canon law of the Catholic Church, canonists provide and obey rules for the interpretation and acceptation of words, in order that legislation is correctly understood and the extent of its obligation is determined.
The 1917 Code of Canon Law, also referred to as the Pio-Benedictine Code, was the first official comprehensive codification of Latin canon law. It was promulgated on 27 May 1917 and took legal effect on 19 May 1918. It was in force until the 1983 Code of Canon Law took legal effect and abrogated it on 27 November 1983. It has been described as "the greatest revolution in canon law since the time of Gratian".
Vacatio legis is a technical term in law; it is the period between the announcement of legislation and its entering into force.
The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.
Promulgation in the Catholiccanon law is the publication of a law by which it is made known publicly, and is required by canon law for the law to obtain legal effect. Universal laws are promulgated when they are published in Acta Apostolicae Sedis, and unless specified to the contrary, obtain legal force three months after promulgation. Particular laws are promulgated in various ways but by default take effect one month after promulgation.
In the canon law of the Catholic Church, the computation of time, also translated as the reckoning of time, is the manner by which legally-specified periods of time are calculated according to the norm of the canons on the computation of time. The application of laws frequently involves a question of time: generally three months must elapse after their promulgation before they go into effect; some obligations have to be fulfilled within a certain number of days, or weeks, or months. Hence the need of the rules for the computation of time. With the Code of 1917 and the reformed Code of 1983, the legislator has formulated these rules with a clearness and precision that they never had before.
In civil law, obrogation is the modification or repeal of a law in whole or in part by issuing a new law.
In the canon law of the Catholic Church, custom is the repeated and constant performance of certain acts for a defined period of time, which, with the approval of the competent legislator, thereby acquire the force of law. A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator.
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.
The philosophy, theology, and fundamental theory of Catholic canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".
The canon law of contract follows that of the civil jurisdiction in which canon law operates.