Legal Definitions - donec probetur in contrarium

Donec probetur in contrarium is a Latin legal phrase that translates to "until proof is given to the contrary."

This principle means that a certain fact, situation, or presumption is accepted as true or valid by default. This acceptance will continue to stand *unless* specific evidence is presented that clearly disproves or contradicts it. Essentially, something is presumed to be correct, but this presumption is not absolute and can be overturned if sufficient counter-evidence emerges.

• Example 1: Property Ownership

  Imagine a person holds a legally recorded deed for a piece of land. The law generally presumes that the person named on the deed is the rightful owner of that property. This presumption stands donec probetur in contrarium. If another individual claims ownership, they would need to present compelling evidence—such as a prior valid deed, proof of forgery, or a court order—to challenge and disprove the current deed's validity and the recorded owner's rights. Until such proof is successfully presented, the person holding the deed is considered the owner.

• Example 2: Contractual Agreement

  When two businesses sign a formal contract, the law presumes that both parties entered into the agreement willingly, understood its terms, and intend to be bound by it. This presumption holds donec probetur in contrarium. If one party later tries to argue that the contract is invalid (for instance, claiming they were coerced into signing, or that there was a significant misunderstanding of terms due to fraud), they must provide concrete evidence to support their claim. Without such proof, the contract is presumed to be valid and enforceable.

• Example 3: Child Born Within Marriage

  In many legal systems, if a child is born to a married couple, there is a legal presumption that the husband is the biological and legal father of the child. This presumption exists donec probetur in contrarium. If someone wishes to challenge this presumption—for example, if another individual claims to be the biological father, or if the husband disputes paternity—they would need to present clear and convincing evidence, such as DNA test results, to legally disprove the husband's paternity. Until such contrary proof is established, the husband is legally recognized as the father.