Particularities of the burden of proof in the special procedure

Abstract

A crucial prerequisite for a lawful and well-founded court decision is the establishment of pertinent circumstances relevant to the case, and this establishment is accomplished through the probation process. The burden of proof refers to the responsibility of a participant in legal proceedings to substantiate specific factual circumstances. The allocation of this burden hinges on the nature of the civil proceedings in question. Based on the nuances of the special procedure, it can be generally stated that the primary burden of proof rests with the petitioner, while other concerned parties assume this responsibility only secondarily, particularly if they won’t face direct adverse consequences in the process. The fundamental components of the burden of proof within the special procedure can be brought into focus by scrutinizing the various categories of cases encompassed by it.