Art. 305 Effect of presumptions if there is no controverting evidence

This rule explains what happens when a legal presumption kicks in and no one challenges it. First, the judge or jury has to decide whether the basic fact behind the presumption is true. This basic fact is called the "predicate fact."

Once that basic fact is proven, the law says a second fact should be presumed true too. If nobody brings in evidence to fight that second fact, the judge or jury must accept it as true. They do not get to ignore the presumption or decide on their own that the fact is false.

In simple terms, this means presumptions carry real weight in court. If one side proves the starting fact and the other side does not push back with evidence, the law forces the outcome the presumption points to. The only way to avoid this result is to bring evidence that questions or contradicts the presumed fact.