Maxim 9.1.3
The proof rests upon the one who affirms, not upon the one who denies.
Affirmanti, non neganti, incumbit probatio.
Source: Halk. Max. 9; Dig. 22, 3, 2
Difficulty 2/5 — Approachable
Explanation
A restatement of the fundamental rule: the affirmative party bears the burden because a negative, by its nature, does not admit of direct proof.
Where this applies
- The government says I owe a debt but won't show me where it came from.
- Someone says I broke an agreement but they can't show any evidence of it.
- I'm being told to prove I'm innocent instead of them proving I'm guilty.
Legal domains
See also
Cite this maxim
NeCede Max. 9.1.3 — The proof rests upon the one who affirms, not upon the one who denies. — Halk. Max. 9; Dig. 22, 3, 2 (Affirmanti, non neganti, incumbit probatio.)
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