The Burden of Proving is on the Party which Making the Relevant Claim

Abstract

Sinisa Franjic

The burden of proving a particular claim is, in principle, on the party making the relevant claim or request. In principle, the burden of proving the facts necessary to determine the subject of the claim lies with the plaintiff, while the defendant must support his defense against the claim with evidence. If the defendant files a counterclaim, in that case he bears the burden of proving that claim. However, based on certain legal requirements, the burden of proof is sometimes on the defendant.

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