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Title of Article

EVIDENTIARY PRESUMPTIONS IN CIVIL AND ARBITRATION PROCESS: THEORETICAL ASPECTS


Issue
1
Date
2011

Section
LAW

Article type
scientific article
UDC
347.941
Pages
284-287
Keywords
evidential presumption, structure of presumption as a norm, refutability of presumption, distribution of responsibilities for proving


Authors
Milkov Petr Ivanovich
Nizhegorodskiy gosuniversitet im. N.I. Lobachevskogo

Zhagorina Svetlana Aleksandrovna
Nizhegorodskiy gosuniversitet im. N.I. Lobachevskogo


Abstract
This article discusses evidentiary presumptions in their theoretical aspects. Opposing views on the presumption of the Soviet-period and contemporary scholars are considered. Special attention is focused on procedural legal presumptions, in particular, on the structure of presumption as a norm, on the mechanism of action of presumptions in the allocation of responsibilities for proving, etc.

File (in Russian)