Renewing adjustment of the conception of Serra Domínguez on the evidence and the presumption

Abstract

This paper examines the various concepts on presumption that have been exposed by the doctrine, jurisprudence and positive law, indicating the prevailing conception, showing the contribution of Manuel Serra Domínguez. The foundations that support the concept of presumption and its relationship with the typologies established in various legal systems are analyzed. The unitary concept of presumption is criticized because it is not adequate for the different forms of presumption that are applied in the judicial process. The present study deals with the concept of presumption as universal. This writing is part of the research promoted by the Manuel Serra Domínguez Foundation on the updating of the Manuel Serra doctrine on presumption.

Keywords

• presunciones legal
• indicio
• hecho base
• hecho indicador
• hecho presunto.