Utilizarea prezumţiilor judiciare în disputele dintre profesionişti

Asist. cercetare George-Bogdan IONIŢĂ

Av. dr. Baroul Bucureşti

Facultatea de Drept

Academia de Studii Economice din Bucureşti

ABSTRACT

This study aims to analyse from a procedural perspective the use of judicial presumptions in disputes between professionals. In this sense, we will first establish the concrete scope of the notion of "professional" from the point of view of the legal subjects that fall within this category, depending on their active and passive procedural status. Secondly, we will complete an objective analysis of the procedural institution of presumptions (with direct reference to judicial presumptions), in which we will observe their probative force, but also if in current practice, the courts use judicial presumptions in cases between professionals. In order to develop this study, we will take into account the analysis of the legislation applicable in the field, the specialised doctrine, as well as the...