For presumption in other laws, see Presumption.
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Presumption in the canon law of the Catholic Church is a term signifying a reasonable conjecture concerning something doubtful,[1][2] drawn from arguments and appearances, which by the force of circumstances can be accepted as a proof. It is on this presumption our common adage is based: "Possession is nine points of the law". Presumption has its place in canon law only when positive proofs are wanting, and yet the formulation of some judgment is necessary. It is never in itself an absolute proof, as it only presumes that something is true. Canonists divide presumption into:[2]
- presumption of law (juris), or that which is deduced from some legal precept or authority expressed in law or based upon precedents or similarities, and
- presumption of a judge or man (judicis or hominis), when the law is silent on the subject and an opinion must be formed according to the way that circumstances and indications would affect a prudent man or judge.