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transnational law transnational law (lex mercatoria or international business law) and "Distribution of burden of proof" 2016-03-01 13:58:16

No. XIII.1 - Distribution of burden of proof

The burden of proof rests on the party who advances a proposition affirmatively ("actori incumbit onus probandi").

This Principle means that a claimant bears the burden of proof for the facts which support his claim, e.g. the facts supporting a claim for damages, while the respondent bears the burden of proof for the facts supporting his defenses, e.g. the defense of disenrichment against a claim for restoration of an unjust enrichment.

Please cite as: "Commentary to Trans-Lex Principle , "
Arbitral Awards
Arbitration Rules
Court Decisions
National Legislation
Principles / Restatements
Contract Clauses
1. Proof of Payment
Trust Agreement

The Mortgagor will exhibit to the Mortgagee the original receipts (or copies thereof) or other proof reasonably satisfactory to the Mortgagee of the payment of all real estate taxes within 30 days after the same are required to be paid by the Mortgagor in compliance with subsection X hereof. Concurrently with the delivery of the financial statements and other information required by Section X of the Indenture, Mortgagor shall for all other Impositions deliver to the Mortgagee quarterly an Officer's Certificate that, to the best knowledge of such officer, all such Impositions have been paid and that, to the best of such officer's knowledge, the aggregate of all unpaid amounts on such Impositions do not exceed $25,000, except for Impositions which are being contested in accordance with the provisions of the first paragraph of subsection X. The Mortgagor shall immediately notify the Mortgagee of the receipt by the Mortgagor of any notice that any Imposition has not been paid when due and shall, at the same time, furnish to the Mortgagee a copy of such notice of non-payment.

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