Translation of "Gesetzliche vermutung" in English

He is, however, turned down by the Council because the joint rule is a legal fiction.

Where files are missing there is to be a presumption of corruption.

An extended collective licence is also normally only valid in the national territory in which the statutory presumption applies.

The absence of mutual recognition also implies that an extended collective license will only be valid in the national territory in which the statutory presumption applies.

However, according to the Advocate General it is important that the presumption set up by the law may in fact be rebutted and that the application of that law may therefore be limited to wholly artificial arrangements the purpose of which is to circumvent national tax law.

If the language of the Member State of transmission were considered to be understood by the addressee solely because a clause of the contract provided that correspondence was to be conducted in that language, a legal presumption would be introduced which went far beyond the provision made in the regulation.

The Federal Constitutional Court expressed reservations on the above amendment to the Basic Law in its initial decisions, finding that foreigners must have the opportunity to overturn the legal presumption that they are not being persecuted.

When there is no presumption of legal work incapacity (e.g. being at the hospital), the incapacity to work (sickness) must be declared to the insurance with a medical certificate with date and signature.

Even the Superior Council of Magistracy concluded a protocol with this Centre, although the latter does not exist, there is no law setting forth its establishment, and it is therefore legitimate to suspect that this structure merely spies on the electronic databases of all public institutions.

Currently, there is a presumption that if a merger, division or an exchange of shares were not performed due to justified economic reasons, it is assumed that the main or one of the main objectives for such an action is tax evasion or avoidance.

Since the implementation of the EU Cartel Damages Directive in the summer of 2017 German law contains a statutory presumption to theeffect that a cartel caused damages on the merits .

There is a legitimate suspicion that this form of judicial tourism was and still is some sort of material incentive scheme. There are well-known cases of magistrates sitting in sensitive cases that resulted in heavy punishments against political figures, and who were invited dozens of times per year to events in Romania and abroad where the organisers paid for their transport, accommodation and other costs.

Option 3, the model of "extended collective licenses" assumes that, once a collecting society authorises a library to make books available on a website, this license, by virtue of a statutory presumption, will cover all orphan works in that category.

Especially the introduction of a statutory presumption in respect of providing evidence of damage, claims of the plaintiff to procure evidence and a period of limitation which is extended to five years will improve the prospects of success of so-called follow-on-lawsuits by means of which companies may claim compensation for damages caused by a cartel.

With regards to movable property, the law gives rise to a rebuttable presumption that cohabitants are entitled to an equal portion of the movables found in the 'ordinary, primary, common home' which were acquired during the period of cohabitation.