Credibility
In German civil proceedings, credibility means a reduced standard of proof . The evidencer does not have to provide the judge with complete personal conviction of the correctness of the factual assertion, as is the case with evidence , but has already made the fact credible when it appears probable to the judge.
Section 294 ZPO
In addition, the possibility of substantiation, which the Code of Civil Procedure grants in certain cases - especially in the case of interim injunctions - exempts from compliance with the forms of evidence of strict evidence ( witness , expert , document , inspection and examination of the parties ) and the formalities prescribed when collecting them. Therefore, the evidencer can also rely on an affidavit (even his own). Section 294 (1) ZPO stipulates in this respect: "Anyone who has to make an actual allegation credible can make use of all evidence, including being admitted to affirmation under oath."
On the other hand, the taking of evidence is limited to evidence that is present , so that, for example, it cannot be made credible by designating absent witnesses or by requesting an expert opinion (Section 294 (2) ZPO: "Evidence that cannot be taken immediately is inadmissible ").
Social administration procedures
In the social administration process, a fact is to be regarded as credible if its existence is predominantly probable according to the result of the investigation, which should cover all available evidence (Section 23 SGB X).
European law
In the area of law implementing European law, another autonomous concept of credibility is used, for example in the labor law prohibition of discrimination, § 611 a Paragraph 1 S. 3 BGB old version or § 22 AGG .
Individual evidence
- ↑ BAG, judgment of February 5, 2004 - 8 AZR 112/03 (Munich LAG judgment December 19, 2002 2 Sa 259/02)
- ↑ Andreas Stein: The burden of proof in discrimination processes - an unknown being? In: New journal for labor law . 2016, p. 849 .
