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Revista Ítalo-Española de Derecho Procesal
Article . 2022 . Peer-reviewed
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Article . 2022
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Requiem for the Burden of Proof

Authors: Nieva Fenoll, Jordi;

Requiem for the Burden of Proof

Abstract

The burden of proof, a notion specific to the medieval Roman-canonical process but alien to the four Roman procedural systems, ought to have become obsolete with the introduction of the free assessment of evidence. However, doctrinal and jurisprudential inertia in the use of traditional concepts, as well as the conservation of biphasic processes in legal systems of Anglo-Saxon origin, including the Roman-canonical process, have favoured the persistence of a notion that, when observed objectively, has ceased to have any legitimate practical value in current judicial processes.

Country
Spain
Related Organizations
Keywords

Evidence (Law), K5000-5582, Roman canonical process, Procedure (Roman law), Free assessment, standards of proof, Prova (Dret), Civil law, summary judgment, Criminal law and procedure, Dret processal (Dret romà), K623-968, formulary system

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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gold