What is the presumption when the parties to a contract disagree about the existence of one of its terms?
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Radiif AI Legal Assistant
⚡ Quick Answer:
The presumption is the non-existence of the term, and the assertion of the party denying it is accepted upon their oath, unless its existence is proven by conclusive evidence that rebuts this presumption.
Legal References & Citations
القاعدة الفقهية: الأصل الثابت -حسب ما قرَّره الفقهاء- أنه حال اختلاف أطراف العقد حول وجود شرط من شروط العقد هو انعدامه إلا أنه يثبت ببينة ناقلة عنه
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