tõendamiskohustust

Tõendamiskohustus, or burden of proof, is the obligation of a party to prove the facts on which its claim or defense is based in civil and administrative proceedings. In Estonian law, the party that relies on a fact bears the duty to present sufficient evidence to establish that fact before the court.

The court evaluates the submitted evidence and decides whether the essential facts have been proven. If the party carrying the burden does not meet this obligation, the claim or defense generally fails, and the other party may prevail by absence of proven facts. The burden does not require the opposing party to disprove every possible alternative; rather, the party asserting a fact must persuade the court that the fact is more likely than not to be true.

Burden of proof can shift in specific situations. Some legal presumptions require the other party to present evidence to rebut the presumption, or statutory provisions may allocate proof duties differently depending on the context and nature of the claim or defense.

Evidence that can be used to meet the burden includes documents, witness testimony, expert opinions, and other materials permitted by law. The court may order expert examinations or request additional evidence if needed to decide the case.

Common areas where tõendamiskohustus is relevant include contracts (existence, terms, breach, and causation), liability in tort, property rights, and procedural rights. Understanding who must prove what helps determine the strategy of parties and the direction of a case within the Estonian civil procedure framework.