دور القرائن في اثبات الدعوى التجارية في القانون اليمني: (دراسة مقارنة)

Abstract

This study uses the descriptive, analytical and comparative approach. It includes an introduction and four sections.
The introduction shows the significance of the research since it indicates the importance of presumptions as one of the indirect methods of proof that has a great role in guiding judges to the truth in court proceedings.
That can be achieved via deduction and deduction of presumptions from the facts in the proceedings in dispute.
The introduction also presents the objective of the study.
The first section, however, discusses the definition of presumptions and their validity. In the second section, the
researcher discusses taking into account presumptions in the case that the consignee and the carrier received the
luggage or goods without reservation. The third section discusses taking into account presumptions in the case of
accepting bills on the existence of an exchange. Finally, the fourth section presents examples of presumptions in
some articles of the commercial law. The most important finding of the study is that presumptions are legitimate
evidence in civil and commercial lawsuits, especially modern presumptions guaranteed by Sharia law and common
law. The study also recommends activating laws concerning proof by presumptions in Sharia courts and judicial
bodies, as well as differentiating between objective rules and legal presumptions.