Feb 21

Upcoming interpretative decision on the burden of proof of negative facts within civil proceedings

  A meeting of Civil and Commercial College General Assembly (CCCGA) of the Supreme Court of Cassation (SCC) has been scheduled for 27.02.2014 in relation with interpretative case No 1/2014. The interpretative case has been instituted with an order of the chairman of the SCC professor Lazar Gruev over a proposal from the vice-chairman and head of the Civil College of the SCC Krasimir Vlahov. The upcoming interpretative is expected to overcome the accumulated conflicting case law on the question of whether the negative factual allegations of the parties in civil proceedings are to be proved, in what way and how to allocate the burden of proof.