Survekoormus

Survekoormus is an Estonian term that translates to "pressure load" or "burden of proof" in English. It is a legal concept primarily used in civil law proceedings. The principle of survekoormus dictates which party in a lawsuit has the responsibility to present evidence to support their claims or defenses. Essentially, it defines who must prove what to persuade the court.

In Estonian civil procedure, the general rule is that each party must prove the facts on which their claims or defenses are based. This means that if a party wants the court to rule in their favor, they must provide sufficient evidence to establish the truth of the facts they allege. For example, a plaintiff seeking damages must prove that the defendant caused the damage and the extent of that damage. Conversely, if a defendant raises a specific defense, such as statute of limitations, they bear the burden of proving the facts supporting that defense.

The concept of survekoormus is crucial for the fair and orderly conduct of legal proceedings. It prevents frivolous claims from succeeding simply because the opposing party cannot disprove them. It also guides the parties in preparing their cases, ensuring they focus on gathering and presenting relevant evidence. While the general rule is clear, specific laws or contractual agreements can sometimes shift the survekoormus for particular issues, creating exceptions to the standard principle. Understanding who holds the survekoormus is fundamental for any party involved in a legal dispute in Estonia.