Abstract

In the Spanish-speaking legal community, influential voices have called for the eradicationof the burden of proof. This article aims to expose the blind spots of that position anddemonstrate the indispensable role that this concept plays in contemporary civilproceedings. It will show that the burden of proof is essential for ensuring legitimate judicial decisions in contexts of factual uncertainty (objective burden of proof) and forsafeguarding the parties’ private autonomy within the framework of procedural fact-finding(subjective burden of proof). Furthermore, the article will explain the importance of theburden of proof in its relationship with procedural duties and its role in resolvingconfidentiality issues, particularly when the public nature of civil proceedings poses a riskto legitimate confidentiality interests.

Keywords

law of evidence civil procedure burden of proof procedural cooperation