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NeCede's

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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