sönnunarbyrðin

Sönnunarbyrðin, meaning "burden of proof" in Icelandic, refers to the obligation of a party in a legal or other dispute to provide sufficient evidence to support their claim. This principle is fundamental in many legal systems, ensuring that a person is not convicted or held liable without adequate justification. The party asserting a claim or allegation typically bears the burden of proving its validity.

In Icelandic law, as in many jurisdictions, the burden of proof can shift depending on the stage of proceedings and the nature of the claim. For instance, in criminal cases, the prosecution has the burden of proving the guilt of the accused beyond a reasonable doubt. In civil cases, the standard of proof is generally lower, often requiring evidence that makes the claim more probable than not.

The concept of sönnunarbyrðin is crucial for maintaining fairness and due process. It prevents arbitrary accusations and ensures that decisions are based on evidence rather than mere assertion. Parties who fail to meet their burden of proof will generally not succeed in their claims, regardless of the perceived merit of their argument. This principle applies across various legal contexts, including contract disputes, tort claims, and administrative proceedings.