Nature and Probative Value of Implied Confession in Civil Cases

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Abstract

Abstract
With respect to the probative method, implied
confession is different from explicit confession. To prove
explicit confession, direct method is applied, and the
intendment of the confession is exactly the one conforming
with the confessor’s statement, while an indirect method is
applied to prove implied confession and the confession is the
intendment which is required for the confessor’s words and
manners. So the implied confession is among the indirect
proofs, beside ostensive definition considering this similarity,
the question is that whether the implied confession has the
nature and the effects of the judicial presumptions or this
matter has no effect on its being considered as a confession in
regard to nature and effects. The results of research indicate
that although there is a similarity between the proving method
of implied confession and judicial presumption, the implied
confession is of equal probative and effect credibility and
ability except in the exclusive cases, as the explicit
confession, and indeed is beyond judicial presumption.

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