Presumption in Current Canonical Legislation: Critical Observations

Abstract

 In CIC, besides some general norms on the presumptions and a certain number of real presumptions iuris, there are not a few norms improperly formulated as presumptions. The juridical presumptions are characterized as judgments of qualified probability on an uncertain thing relevant in the juridical world. The differences between the structural elements and the effects of the presumption iuris and the presumption hominis are analyzed. Giving that the juridical presumption possesses both a procedural dimension and a substantial dimension it is good to consider it as an institute of general theory. The relationship and the differences between the presumptions iuris and the favor iuris in the canonical law are analyzed, putting also in evidence the imperfect formulation of the c. 1060, of which a new, de lege ferenda, is proposed.