The phrase "stabit praesumptio donec probetur in contrarium" translates to "a presumption will stand until proved to the contrary." In legal terms, this means that an assumption or presumption is considered valid until someone provides evidence that contradicts it. This principle is important in various legal contexts, as it establishes a baseline for how claims are treated unless disproven.
This maxim is commonly used in civil law and family law cases. It helps establish the burden of proof in disputes, meaning that one party must provide evidence to challenge an existing presumption. For example, in family law, a presumption of paternity may stand until evidence is presented to dispute it. Legal templates available through US Legal Forms can assist users in navigating these processes effectively.
Here are a couple of examples of abatement:
Example 1: In a child custody case, a mother may have a presumption of being the primary caregiver. This presumption stands until the father provides evidence that challenges her role.
Example 2: A person is presumed innocent until proven guilty in a criminal trial, illustrating the principle in a different legal context.
Examples of state differences (not exhaustive):
| State | Presumption Examples |
|---|---|
| California | Presumption of joint custody if both parents agree. |
| New York | Presumption of paternity for married couples. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Assumption | A belief accepted as true without proof. | Assumptions may not have legal standing until proven. |
| Contrarium | Refers to the opposing evidence or argument. | Contrarium is the basis for challenging a presumption. |
If you find yourself in a situation where a presumption is relevant, consider gathering evidence to support or challenge the presumption. You can explore US Legal Forms for templates that may help you draft necessary documents. If your case is complex, consulting with a legal professional is advisable to ensure your rights are protected.
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