Publication details
Dokazování negativních skutečností
| Title in English | Evidence of negative facts |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | In civil proceedings, the court shall take evidence on the facts alleged by the parties to the dispute.Sometimes the parties may defend themselves by claiming that something did not happen, that they did not do something, or that something does not have a given property. Previously, courts have tended to interpret these negative facts as not provable, and the Supreme Court has subsequently reiterated its conclusion that negative facts cannot be proved on several occasions.Sometimes the parties may defend themselves by claiming that something did not happen, that they did not do something, or that something does not have a given property. Previously, courts have tended to interpret these negative facts as not provable, and the Supreme Court has subsequently reiterated its conclusion that negative facts cannot be proved in several cases. This opinion led to the result that the rule of the distribution of the burden of proof, i.e. that the party seeking protection is obliged to state (allege) the relevant facts and identify evidence to prove them, under the consequence of losing the case, has been rejected. This can be applied without fail also in relation to negative facts. Negative facts can be proved, both by means of circumstantial and direct evidence. In this paper it will be shown by concrete examples whether this rule is followed by the courts. After all, even the case law of the Court of Appeal is not uniform in this respect. |
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