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universul juridic magazin
Revista Română de Drept Privat

Presumption as means of proof, under the New Code of Civil Procedure and

The New Code of Civil Procedure is an important step in settling proofs in the civil trial, by taking over in a uniform manner all relevant provisions thereto. In terms of presumptions, to which succinct provisions are assigned, the New Code of Civil Procedure offers the definition, operates with their highest classification, in legal and judicial (simple) presumptions and, unlike the former Civil Code, shows that the legal presumption can be removed by the countering evidence, unless the law provides otherwise. Res judicata, enacted under the Civil Code on the paradigm of Article 1351 of the French Civil Code, is covered only as a consequence of the judgment, without it being qualified as an absolute legal presumption. Within this framework, the New Civil Code regulates a multitude of presumptions, in order to facilitate the proof of challenged acts and facts, presumptions that are to be applied to the structure of the legal regime under the New Code of Civil Procedure, following enactment thereof.