4.3 Facts which Need Not to Be Proved

4.3.1 Formal admission: the party's concession — the facts formally admitted need no proof: the pleadings' admissions (the civil answer's admissions); the admissions recorded at the trial's stages; the agreed facts (the pre-trial simplification). The admission's binding force (the party's waiver of proof) — distinguished from the evidentiary admission (Unit 5.1.1: the statement- against-interest — evidence to be weighed, not a concession binding). 4.3.2 Judicial notice: the facts the court takes without proof: (i) the notorious — the common knowledge (the geography, the calendar, the public events); (ii) the law — the domestic statutes and the Constitution (the court's own knowledge; the foreign law's proof the exception); (iii) the scientific and historic certainties (the court's own learning). The discipline: the notice's record (the court noting the fact noticed); the party's right to be heard (the disputable "notoriety" — the court's knowledge challenged must be proved). 4.3.3 Presumption: the inference's legalisation — the fact presumed from the fact proved; the court's reasoning pre-structured. The kinds (the exam's ladder): Rebuttable presumptions — the presumption of innocence (the unproved guilt's acquittal); the regularity (the official act's presumption of due performance — omnia praesumuntur rite esse acta); the legitimacy's presumptions; the possession's presumptions; Irrebuttable (conclusive) presumptions — the law's fixed conclusions (the construction's fictions); Presumption of fact — the common-sense inference (the recent possession…