Критерии за преценка на стандарта на доказване по граждански дела
Criteria for Assessing the Standard of Proof in Civil Cases

Author(s): Anastas Punev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: standard of proof; law of evidence; civil procedure
Summary/Abstract: The article analyses the criteria which the court must consider when interpreting whether a certain fact has been proven. The general rule that the party bearing the burden of proof shall provide ‘complete’ proof in order to substantiate its claim is too abstract to be unequivocally applied in quite different cases, so an attempt is made to single out more precise rules to fulfill the principle of complete proof in view of the peculiarities of the disputed right. For this purpose, the role of related civil procedure concepts such as burden of proof and means of proof is examined, as well as the impact of more fundamental provisions of law of evidence and the basic tenets of civil procedure. The article ultimately arrives at general conclusions which a court must consider in the reasoning of its decisions.

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