terça-feira, 10 de março de 2015

Mere allegation is not sufficient to form the judge's conviction (allegatio et non probatio quasi non allegatio )

Moacyr Amaral dos Santos minister the teaching that:
As the mere allegation is not sufficient to form the judge's conviction (allegatio et non probatio quasi non allegatio ), there is the indispensability of proof of the fact. And given the dispute between plaintiff and defendant with reference to the fact and its circumstances, imposing therefore prove it and prove them, the problem arises of who is up to his trial. Who bears the burden of proof? This is the theme that comes down the burden of proof expression (First Lines of  Law  Civil Procedure, Publisher: Scott, 17th ed, 1995 v 2, p 343/344...).

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