Results 11 to 20 of about 147,890 (292)

On the burden of proof in civil procedure [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2013
The appliance of burden of proof rules is conceived of assumption that evidences are taken and that court didn't reach the required degree of conviction of a particular fact, what implies limitation of application of these rules on proceedings in which ...
Keča Ranko
doaj   +2 more sources

The Judicial Review of the Standard of Proof in Cartel Cases:Raising the Bar for the Croatian Competition AuthorityCase comment to the Judgment of the Constitutional Courtof the Republic of Croatia No. U-III-2791/2016 of 1 February 2018(Sokol Marić d.o.o.) [PDF]

open access: yesYearbook of Antitrust and Regulatory Studies, 2018
The Security agencies case represents another example of the procedural diversity among Member States in applying national competition rules that mirror Articles 101 and 102 TFEU.
Alexandr Svetlicinii
doaj   +1 more source

More on Presumptions and Burdens of Proof [PDF]

open access: yesSSRN Electronic Journal, 2008
This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of this issue have been given: some have argued that a presumption is nullified by counterarguments while others have maintained that this
SARTOR, GIOVANNI, H. Prakken
openaire   +5 more sources

Empirical study of the dilemma regarding preliminary proof of causality and methods used by victims in China's environmental health litigation

open access: yesChinese Journal of Population, Resources and Environment, 2020
Environmental health incidents have occurred frequently in recent years; in China, however, litigation has not been effective in protecting the rights and interests of victims due to their heavy burden of proof.
Shufen Sun, Youhai Sun
doaj   +1 more source

Forfission of an enterprise and the burd of proof in criminal process [PDF]

open access: yesProbacja, 2023
The subject of the analysis in the article is the institution of enterprise forfeiture (Article 44a of the Act of June 6, 1997, Penal Code), which is the state's criminal law response to the crime committed by the perpetrator.
Andrzej Dana, Marcin Jurgilewicz
doaj   +1 more source

Analisis Penerapan Pembuktian Terbalik dalam Kasus Tindak Pidana Korupsi

open access: yesAl-Mizan, 2020
Evidence in criminal cases is generally borne by the public prosecutor. This is different from the criminal case of corruption, in addition to being proven by the public prosecutor, the defendant also has the right to prove that he did not commit a ...
Arhjayati Rahim, Madinah Mokobombang
doaj   +1 more source

Korupsi dan Pembalikan Beban Pembuktian

open access: yesJurnal Konstitusi, 2016
This paper was intended to answer a question on the extent of the effectiveness of a reversal burden of proof as stipulated in positive (prevailing) Indonesia law, that is, as provided for in Law Number 31 of 1999 on Eradication of Corruption Crime ...
Wahyu Wiriadinata
doaj   +1 more source

Note: Burdens of Proof, Presumptions and Standards of Proof in Criminal Cases

open access: yesMizan Law Review, 2015
In jurisdictions that subscribe to adversarial mode of litigation, burdens and standards of proof have significant roles in the adjudication and determination of criminal cases.
WY Wodage
doaj   +1 more source

Exceptions to Burden of Proof in Investor-State Arbitration [PDF]

open access: yes, 2023
Unlike Chapter VII of the Indian Evidence Act,[1] which codifies the burden of proof, there is no proper codification of the rules for the same in international law. Investor-state arbitration is a special form of dispute resolution involving arbitration
Tulsyan, Aryan
core  

DYNAMIC ALLOCATION OF THE BURDEN OF PROOF IN THE NEW PROCEDURAL LAW – PREMISES FOR ITS BETTER UNDERSTANDING

open access: yesRevista Eletrônica de Direito Processual, 2017
This paper aims at discussing making the burden of proof dynamic, which was explicitly contemplated in the New Code of Civil Procedure. Therefore, the text discusses the historical and conceptual premises of the burden of proof, beginning with a ...
Sabrina Nasser de Carvalho
doaj   +1 more source

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