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Omnia praesumuntur contra spoliatorem

“Omnia praesumuntur contra spoliatorem” is a Latin legal maxim that means “everything is presumed against a wrongdoer” in English. This principle is often used in legal contexts to shift the burden of proof in favor of the innocent party when there is a dispute or uncertainty.

In simpler terms, it means that in a legal dispute, if there is not enough clear evidence or information, the law may assume that the party who has caused harm or taken actions to the detriment of another is in the wrong or bears the responsibility of proving their innocence or justification.

This maxim reflects the legal principle that those who engage in wrongful or harmful conduct should bear the responsibility of proving their actions were lawful or justified, rather than expecting the innocent party to prove that they were wronged. It is a fundamental aspect of many legal systems and helps protect the rights of individuals in legal proceedings.

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