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A presumption of death occurs when an individual is believed to be dead, despite the absence of direct proof of the person's death, such as the finding of remains (e.g., a corpse or skeleton) attributable to that person.
Legal death is the recognition under the law of a particular jurisdiction that a person is no longer alive. [1] In most cases, a doctor's declaration of death (variously called) or the identification of a corpse is a legal requirement for such recognition.
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
Under common law, a marriage by a person already legally married was considered void, regardless of the circumstances. [4] The Enoch Arden doctrine modifies this strict rule by introducing a presumption of death and allowing remarriage after a certain period of unexplained absence, typically seven years in most jurisdictions. [2]
The Uniform Simultaneous Death Act is a uniform act enacted in some U.S. states to alleviate the problem of simultaneous death in determining inheritance.. The Act specifies that, if two or more people die within 120 hours of one another, and no will or other document provides for this situation explicitly, each is considered to have predeceased the others.
People in this category have been legally declared dead in the absence of a body, as a presumption of death. For any individual born before 1902 whose year of death remains undetermined, please instead use Category:Year of death missing.
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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".