Burden of proof
Rule determining who must prove the facts in proceedings. Generally, the claimant bears the burden of proving constitutive facts and the defendant bears it for obstructive or extinguishing facts. In consumer law, the burden is reversed.
Other Procedural law terms
Simplified judicial procedure for claiming monetary debts that are liquid, determined, due and enforceable. No lawyer or court agent required for amounts under €2,000.
Extraordinary appeal before the Supreme Court against second-instance judgments. Based on cassational interest: law infringement, contradiction between Provincial Courts or case law doctrine.
Evidence consisting of the technical opinion of a specialized professional on facts relevant to the proceedings. May be appointed by the parties or by the court.
Security measure affecting specific assets of the debtor to guarantee fulfillment of an obligation. May target bank accounts, property, vehicles or wages (with minimum wage limits).
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