Historical Development of the Concept of Standard of Proof in Civil Procedure Cover Image
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Историческото развитие на концепцията за стандарт на доказване в гражданския процес
Historical Development of the Concept of Standard of Proof in Civil Procedure

Author(s): Anastas Punev
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: standard of proof; law of proof; comparative law; Civil Procedure Code (CPC)

Summary/Abstract: The study provides a historical and comparative law overview of the concept of standard of proof in civil procedure. Unlike the Bulgarian doctrine and court practice, the systems of the Anglo-American and the continental law witness a long-lasting debate on defining the volume and content of the standard, as well as the possibility of its application to specific hypotheses. This debate is presented both through a historical review and through identification of the basic theses set out within the most debatable matters, such as the similarities to and the differences from the penal law standard of proof, the criteria for assessment of the standard, its relationship with the idea of inner conviction, etc. Thus, it is the first time that an attempt has been made to define the standard in the framework of Bulgarian civil procedure, as well as to overcome the inevitable contradictions where a dispute on these matter arises.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 22-38
  • Page Count: 17
  • Language: Bulgarian