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الافتراض القانوني في قانون المرافعات

Authors: Jotyar Abd alla Ahmed جوتيار عبدالله احمد --- Yaser Basim Thanon ياسر باسم ذنون
Journal: alrafidain of law مجلة الرافدين للحقوق ISSN: 16481819 Year: 2010 Volume: 12 Issue: 45 Pages: 107-190
Publisher: Mosul University جامعة الموصل


A legal presupposition is considered to be a situation putforward by a legislator violating a fact. It aims at markingcertain legal consequences at which one can not reach exceptthrough the legal presupposition. It helps amend the legal rulewithout making any change in the wording of the rule. Theclosest example to this is the text of article (22) from the civilproceedings in which the legislator stipulates that if the personwanted refrains from receiving the write of notification. Theperson in charge on notification will fix the writ of notification on the place of residence and this is deemed to be anotification which is considered to be a legal presupposition.

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