Standard of evidence
This article concerns the standard of evidence in civil proceedings under German law, in particular the Code of Civil Procedure (ZPO) .
It is the degree of satisfaction of the court, which is necessary for the proof succeeds a disputed fact. Based on the wording of Section 286, Paragraph 1, Clause 1 of the Code of Civil Procedure, the question is when the judge may and must consider an actual assertion to be true . This provision not only regulates the assessment of evidence following the taking of evidence , but also its aim.
Unless otherwise provided by law or custom, full evidence of a fact is required in civil proceedings . The so-called standard proof standard applies . According to settled case law, complete security of the court is not necessary. A degree of certainty that is useful for practical life and that commands silence without completely excluding any doubts is sufficient . This leaves room for the personal conviction of the responsible judge, but is based on objective criteria of common sense. If this level is not achieved, the proof has failed.
A lower standard of proof applies in particular to the damage assessment according to Section 287 of the German Code of Civil Procedure and to substantiation within the meaning of Section 294 of the ZPO. A predominant probability is sufficient here , i. H. Overall, the circumstances must speak more for than against a fact.
Things are again somewhat different with the counter- evidence provided by the opponent of the party charged with evidence. It is already successful if there are serious doubts about the evidential value of the main evidence. Strictly speaking, however, this is not an independent reduction in the standard of evidence. Because in such cases the degree of certainty required for full evidence ( main evidence ) is not achieved.
