Particularităţile repartizării sarcinii probaţiunii de felul de procedură

Abstract

An essential condition for issuing a valid and well-founded judicial decision is the establishment of crucial circumstances relevant to the case, which are determined through the process of evidence. The fair resolution of a case always on the accurate identification of the subject matter of evidence and the verification of significant facts. In this context, the burden of proof represents the obligation assigned to a participant in the legal process to substantiate specific factual circumstances. The general rule governing the allocation of the burden of proof, which dictates that each party must substantiate the circumstances they invoke as the basis for their claims and objections, entails certain intricacies in different types of procedures, and even in the adjudication of specific case types, alternative rules for allocating the burden of proof are established.