What ever happened to the hoary but irrebuttable common law presumption of legitimacy for children born within marriage? |
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This creates an irrebuttable legal fiction unconnected with the facts. |
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There would be a fixed list of relationships covered by the statutory duty of care, creating an irrebuttable presumption that there was a close tie of love and affection. |
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Other presumptions, including irrebuttable presumptions of law, such as the age of criminal liability, belong more properly to the substantive law. |
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In that case, the choice of court clause was asymmetrical.40 The Convention creates an irrebuttable presumption41of exclusivity unless the parties give an express indication to the contrary. |
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In those circumstances, Community law precludes a national provision which establishes an irrebuttable presumption of general incompatibility between the sector of the media and that of public contracts. |
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It is not an irrebuttable reason, but if the precedent came from the pen of John Marshall, for example, it might be a very strong reason. |
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The committee decided to mention as an example the irrebuttable presumption in some legal systems that persons below a certain age are not responsible for offences. |
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Moreover, the applicant claims that the Commission did not respect the essential procedural requirements in so far as no reasons were given at all for applying the irrebuttable presumption. |
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Although she considers that such evidence would constitute an irrebuttable presumption that an applicant had been in actual receipt of assistance, she recalls that UNWRA sometimes provides assistance without registration. |
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Pursuant to Articles 21, 22, 30 and 31 and in compliance with Article 6 of this Directive no designation of a state as a safe third country shall create an irrebuttable presumption of safety. |
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Indeed, the examples illustrating the use of the presumptions in paragraph could be construed as creating an irrebuttable presumption of a lobbying purpose. |
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