Burden of proof
In jurisprudence, the burden of proof is understood to mean the obligation of a party to present certain facts in the process . The burden of proof only exists in processes in which the principle of negotiation (principle of presentation ) applies, i.e. above all in civil proceedings . The burden of proof largely corresponds to the burden of proof .
In civil proceedings, the subjective burden of proof ( burden of assertion) describes the need for the parties to present / state the facts favorable to them in order to avoid disadvantages, such as a negative judgment.
The disadvantages themselves are called the objective burden of proof . The burden of proof, like the burden of proof, lies with the party for whom the fact is favorable. That is, each party must assert the facts favorable to them. However, unfavorable party submissions are also taken into account. In this context equipollent or equivalent party submissions play a role.
Legal practice
In principle, the plaintiff must first present the facts giving rise to the claim. If he does not comply with this obligation, he loses the process without the defendant having to comment on the matter . The lawsuit is inconclusive.
It is incumbent on the defendant to dispute the factual allegations of the plaintiff or to present facts that are obstructive, restrictive or legally destructive. If he fails to do this, his defense against the action is irrelevant, so that the action is to be upheld without further ado.
In cases where it is typically difficult for the party charged with making a statement to present all the facts, case law and law have rules to facilitate it. Examples are the principle of the graduated burden of presentation and proof, the reversal of the burden of presentation and legal presumptions. For example, the defendant cannot simply deny an allegation made by the plaintiff, who is actually required to provide evidence, if he is aware of all the essential facts and can be expected to provide more detailed information, but not the plaintiff. The defendant then has the secondary burden of proof and he has to substantiate the alleged fact by submitting the circumstances and facts that speak for the contrary.
See also
Individual evidence
- ↑ Musielak, Basic Course ZPO, Rn. 402
- ↑ http://www.lexexakt.de/glossar/darlegungslast.php accessed on January 7, 2009, 9:25 pm
- ↑ BGH NJW 2008, 982 with further evidence
- ↑ BGH NJW 1999, 579
