Reduction of standard of proof and proportionally liability - questions regarding the evaluation of facts in the field of damagesof damages

Abstract

Article analyses German law on standard of proof in civil procedure. Relevant is the judge's conviction of the facts which are decisive for the claim.

The degree of likelihood must be close to certainty (§286 of Code on Civil Procedure). Slightly lower degree of probability requires § 287.

The author is against the proportional liability.

Keywords

• Proof
• standard of proof
• level of standard of proof
• reduction of the level of standard of proof
• impact of standard of proof on liability for damage