Burden of allegation and burden of proof are enactment of adversary principle. In essence, these are two separate burdens of litigants who must satisfy them both to succeed in litigation. Burden of allegation or duty to substantiate a claim requires the litigant to provide clear, concrete and complete statements about the facts, by which their claims or objections are substantiated, and to contest the other party’s claims in a concrete manner. Burden of proof requires the litigant to provide a substantiated request for proof, which means that they have to explain why the evidence is relevant and which fact it serves to establish. The same party is a subject of substantive burden of allegation and burden of proof throughout the proceedings, while the procedural burden of allegation and burden of proof depend on the statements and proof provided by the opposing party and passes from one to another throughout the proceedings. The relaxation of adversary principle is substantive conduct of proceedings, while the limitation of adversary principle are preclusions. The master's thesis firstly examines the requirements of burden of allegation and burden of proof and at the end, it deals with problematic substantive provisions, throughout focusing on the case law, which often opens up many issues regarding the titled burdens.
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