The General Rule for Distributing the Burden of Proof in the New Civil Procedure Code of the RA

Abstract

The correct distribution of the burden of proof among the parties involved in litigation is one of the most important challenges for the court while preparing the civil case for a lawsuit. The challenge on how to distribute the burden of proof in regard to civil cases is one of the issues being widely discussed in Civil Procedure law. The rules regarding the burden of proof laid down in the newly adopted Civil Procedure Code of the Republic of Armenia currently require scientific re-evaluations and justification. This article is set to analyze the procedural meaning and aim, as well as the content of the general rule for distribution of burden of proof in civil procedure and it goes on to elaborate some theoretical-practical recommendations towards proper implementation of the rules in question envisaged in the new Civil Procedure Code. According to the Author, the way how the general rule for distribution of the burden of proof is formulated in the new Civil Procedure Code is entirely logical and natural, as it is based on the necessity to provide ‘fair balance’ between the parties involved in litigation.