Publication details
Burden of Proof
| Authors | |
|---|---|
| Year of publication | 2018 |
| Type | Article in Proceedings |
| Conference | Mežduranodnaja naučno-praktičeskaja konferencija Razvitie juridičeskoj nauky v novych uslovijach: Jedinstvo teorii i praktiky |
| MU Faculty or unit | |
| Citation | |
| Keywords | burden of proof; civil proceeding; established factual situation; taking evidence |
| Description | The article deals with the meaning and function of the burden of proof in civil proceeding. Author comments the different views on the burden of proof and the meaning of the objective and subjective burden of proof, the abstract and specific burden of proof. The article contains the interpretation of the fundamental theories of the burden of proof - the Theory of the analysis of the norms and the Theory of the facts that found a right, abolish a right and hinder a right (facts-analysis theory). Author also deals with the essential rule of distribution of the burden of proof and compares the view on the burden of proof in Germany, Austria and Switzerland. |