bevisansvar

Bevisansvar is the obligation to present evidence to support factual claims in a legal dispute. In Swedish law, bevisansvar is closely linked to bevisbörda (the burden of proof), but the two concepts are not identical: bevisansvar concerns which facts must be proven and by whom, while bevisbörda concerns which party must prove those facts and with what standard.

In civil proceedings, the party making a claim typically has bevisansvar for the factual basis of that claim, such as breach of contract or negligence. The opposing party bears bevisansvar for any defenses or counterclaims. The court weighs the presented evidence and decides whether the facts have been proven to a sufficient degree; if a party fails to meet its bevisansvar, the claim or defense may fail.

In criminal proceedings, the state generally bears bevisansvar to prove guilt beyond reasonable doubt; the defendant has no general obligation to prove innocence, though certain defenses may require evidence.

Bevisansvar interacts with evidentiary rules, including admissibility and sufficiency of evidence, and can be affected by specific legal rules that shift burden in particular contexts. The Swedish Code of Judicial Procedure (Rättegångsbalken) governs allocation and evaluation of bevisansvar, including procedures for documentation, witness testimony and expert evidence. Ultimately, bevisansvar determines which party must substantiate its position for the dispute to be decided in its favor.