Legal Proof and Its Impact on Civil Evidence A Study in Yemeni Law

Abstract

The research aims at identifying the legal proof and its impact on civil evidence, and it also discusses the validity of the presumption in Yemeni civil law. The researchers have applied the descriptive, analytical and comparative approach in this study. The study contains an introduction and two topics. The introduction has showed the importance of the research in that proofing legal presumptions is one of indirect means of proving that has a great role in guiding judges to the truth and correctness of the cases that are set out in the guiding courts as disputes by extrapolating the presumptions from facts in the cases that are in dispute. The aims of the research are revealed in the extent of the impact of legal presumptions in civil evidence and its sufficiency in proofing. The study also contains two topics. In the first topic, the researchers have discussed the definition of the presumptions and its nature and validate authority. And in the second topic: the effect of legal presumptions in proofing. The most important findings found are that the legal presumptions are conclusions extracted by the legislator from known incident to be as indicator to unknown incidents. It is not considered as evidence of proofing in the strict sense but rather a way of exemption from evidence. The most prominent recommendations: the researchers have recommended the Yemeni legislator to add paragraph "D" to Article No. (155) proving the legal presumption is defined, so that its formulation is as follows: the legal proof is the presumption mentioned in the law, and it is a sufficient proof for whom it is being in favor without regard to any other evidences, if s/he proves the incident on which the presumption is based.