Доказателствената тежест в немското право: някои възможни изводи
Burden of Proof in German Law: Some Possible Conclusions

Summary/Abstract: The article analyzes how the rules on burden of proof are interpreted and applied according to the understanding of German civil procedure.Through a comparison alongside the relevant provisions in Bulgarian law, it is determined what the concept of burden of proof consists of, as well as how it should be allocated and what are the exceptions to the default rule. A conclusion is reached that in Germany, similarly to Bulgarian procedural law, there are serious doubts about the allegedly “obvious” rule, provided in Art. 154, para. 1 of the Bulgarian Code of Civil Procedure. The system of evidentiary reliefs is further analyzed, as well as the manners in which the burden of proof may be reversed. Through numerous examples, a bigger picture for the understanding of the institute is formed, thus contributing to its correct application in Bulgarian context.

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