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    Actori incumbit probatio

    On the plaintiff rests the proving.

    Mens rea

    One-person company

    Decree

    The Literal Meaning is “On the plaintiff rests the proving.” The burden of proof is on the plaintiff.

    Anguo Jiao v Authority

    23.”A Commission of the Institut de Droit International has this year stated the basic principle for international litigation in the same terms: The basic principle relating to evidence and proof is actori incumbit probatio, i.e. the claimant must prove the assertion of facts that he makes. (Annuaire de Instituted Droit International – Session de Bruges Vol 70-1 (2003) 393)”

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