Publication details
Důkazní břemeno a dokazování výše nároku
| Title in English | Burden of Proof and Proving of Claim Amount |
|---|---|
| Authors | |
| Year of publication | 2012 |
| Type | Article in Periodical |
| Magazine / Source | Právní fórum |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | burden of proof; civil procedure law |
| Description | The party to an action in civilian court proceedings has to carry the burden of contention and burden of proof regarding all facts corresponding to factual merits of the legal norm favourable to it, i.e. the legal norm on which its claims or objections are based. In harmony with this it is up to the plaintiff to content and prove not only the facts concerning the fundament of the claim applied by him, but also its height. If he does not succeed in proving fully the height of the claim, the court will reject the action; if he does not prove it in part, the court will admit the action in the part in which the claim has been proved and in the remaining part will reject it. Proceeding under § 136 of civil court procedure, on the basis of which the court would set the height of the claim which has not been proved by its discretion, is possible in case of inadequate difficulties related to finding the height of the claim, or if the height cannot be found in an objective way; nevertheless not if the decisive proofs were not carried out by fault of the party to the action carrying the burden of proof. |