The legal presumption in the procedures Act
Section: RESEARCH
Abstract
A legal presupposition is considered to be a situation put forward by a legislator violating a fact. It aims at marking certainlegal consequences at which one can not reach except through the legal presupposition. It helps amend the legal rule without making any change in the wording of the rule. The closest example to this is the text of the article (22) from the civil proceedings in which the legislator stipulates that if the person wanted refrains from receiving the write of notification. The person in charge of notification will fix the writ of notification on the place of residence and this is deemed to be a notification which is considered to be a legal presupposition.
References
- D. Lebanon:Lebanese Civil Procedure Law No. (90) for the year 1983 amended by Decree No. (529) for the year 1996.E. France:French Civil Procedure Code No. (1123) for the year 1975 amending.
- First: Books Language:1 - Dr. Ibrahim Anis and his companions, the lexicon of the mediator, C 1, I 2, Dar Amwaj, Beirut, 1990.2- Ibn Masur al-Afri al-Masri (Abu al-Fadil Jamal al-Din Muhammad ibn Makram), San'a al-Arab, 1, Darasdar, Beirut, without a year published.3 - Nadim Maraashli and Osamah Maraashli, the Sahih in language and science, an intermediate dictionary, Arab civilization, Beirut, 1975.
- Second: books of Islamic jurisprudence:1 - Ibn Qayyim al-Jawziyya, informing the signatories of the Lord of the Worlds, C3, Dara for New Generation Publishing, Distribution and Printing, Beirut, 1973.2 - Dr. Abdal Salam my mind, the tricks and the project, Cairo, 1946.
- Sources in French:1. http: //www.Legifrance.gouve,fr,195,84,1777,9/code/list. phtml: lang = uk8 = 398 = 723 in 13/7/20