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2.10 Assumptions:

According Hernán Pagan Town, in civil proceedings, the presumption is the result of reasoning by which a known fact (evidence) we conclude logically another fact unknown or unproven. The presumption is a mental operation that consists of three elements: a prior event known or proven to be the antecedent (evidence), reasoning (legal or judicial) and a conclusion, that is, a fact that is presumed true. The presumption is to replace the lack of direct evidence. It is of great importance in cases of simulation and fraud.

The assumptions are tested when we had the character to be serious, precise and consistent and have a connection with the fact that it comes out. So what are the assumptions that are tested and meet the characters mentioned? To answer this question we must mention that there are two kinds of assumptions: one determined by the law, which called legal presumption or law and another that is the judge, on the circumstances, background, simultaneous with or subsequent to the main fact under consideration, and is called the presumption of man ( judicial presumption ). The first (legal presumption) is of two kinds, it has that degree of force against it is not supported test, and then called presumption juris et de jure , law and right, or only considered certain until proven otherwise, and in this case is called rebuttable presumption ( Dian Albrecht "Basic Legal Dictionary - Partly Referenced" ).

judicial presumptions:

are

which the judge states, according to the rules of sound criticism.

Legal Presumptions:

are those established by law. Some of them are presented in the following cases:

- not answer the complaint. (Assumption: it presumes that the facts mentioned in the application and, therefore, are recognized as true those facts).

- Answer the complaint but presenting silent or evasive about some facts of the case. (Assumption: the silence and evasive answer on facts of the case are recognized as true by the defendant).

- not attend the hearing of Interrogatories and not justified. (Results Presumption: it had to confess).

- not appear for the hearing of collation of documents or refuse to sign. (Results Presumption: it is recognized the document).

- not appear and not leave questioning a witness who gave oral evidence. (Results Presumption: it is withdrawing the test. Art. 325 CPC).

- No go (the control) without just cause and the hearing of witnesses when the load of your citation has taken part. (Outcome Presumption of : it shall be given up to the offeror. Article 322 CPC).

Source:

- ALBRECHT, Dian (2008), "Ordinary Knowledge Process. Manual " . Ed Marben, Asuncion - Paraguay.

- ALBRECHT, Dian (2008), "Basic Legal Dictionary. Referenced in part " . Ed Marben, Asuncion - Paraguay.

- CASCO PAGANO, Hernán (2000), "Code of Civil Procedure. Reviewed " . Ed Paraguayan Law , Asuncion - Paraguay.

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