Section 6

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 6454/2558 (2015)

   The party asserting bad faith bears the full burden of rebutting the statutory presumption of good faith in section 6.

   The defendant who had received a transfer of land resisted the plaintiff's claim that the transfer was fraudulent. The Court held that, because every person is presumed to act in good faith under section 6, it was the plaintiff who bore the burden of proving the defendant's bad faith: the defendant merely relied on the statutory presumption without needing to prove innocence affirmatively.

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2. Arrêt de la Cour suprême n° 6744/2539 (1996)

   A co-owner named on title is presumed by section 6 to hold that interest in good faith; the opposing party must adduce sufficient evidence to displace the presumption.

   The plaintiff's name appeared on the title deed as co-owner. The Court held that the plaintiff benefited from the presumption of good faith under section 6 and was presumed to hold co-ownership honestly. The defendant's evidence failed to rebut that presumption.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.