PARTICULARITĂȚILE REPARTIZĂRII SARCINII PROBAȚIUNII ÎN DEPENDENȚĂ DE FELUL DE PROCEDURĂ

Abstract

An essential condition for issuing a valid and well-founded judicial decision is the establi-shment 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 cir-cumstances. 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 ob-jections, 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.