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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 ...
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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.
A Presumption of Death is a 2002 Lord Peter Wimsey–Harriet Vane mystery novel by Jill Paton Walsh, based loosely on The Wimsey Papers by Dorothy L. Sayers.The novel is Walsh's first original Lord Peter Wimsey novel, following Thrones, Dominations, which Sayers left as an unfinished manuscript, and was completed by Walsh.
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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]