ТЕРЕТ ДОКАЗИВАЊА
BURDEN OF PROOF

Summary/Abstract: In this paper the author presents the new legislation contained in the Statute of Civil Procedure, concerning evidence, and points out the differences between the burden of proof in subjective, and that in objective sense. Unlike the burden of proof in subjective sense, which is the logical consequence of the adversarial principle, the burden of proof in objective sense is a specific working method available to court after the evidence procedure is carried out, when the use of free assessment of evidence method did not result in its conviction that a certain disputed legally relevant fact is true, which disables the court to form the factual substratum of the judgment.

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