What is not proved and what does not exist are the same; it is not a defect of the law, but of proof.

Explanation

(English-origin maxim.) A fact not established by evidence is treated as nonexistent — this is not a flaw in the law but in the party's failure to prove; the court cannot act on what is not before it.

Where this applies

• A man claims he owns a piece of land but can't produce a deed, a tax record, or any witness to support it — as far as the court is concerned, his ownership doesn't exist because it hasn't been proved.
• A plaintiff says she suffered $50,000 in damages but introduces no receipts, medical bills, or expert testimony — the unproved damages are treated as zero.
• A defendant insists he had permission to enter the property but offers no letter, email, or testimony to back it up — the alleged permission is legally nonexistent.