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The Division of the Burden of Proof in the Law of Business Corporations

Publication at Faculty of Law |
2018

Abstract

The author analyses the individual examples of dividing the burden of proof in the law of business corporations. It deals with the Section 4 (1) of the Business Corporations Act which, in the event of claiming any right on behalf of or against the business corporation, assigns the burden of proof to the obliged person.

Furthermore, the author focuses on the Section 52 (2) which transfers the burden of proof if it is considered whether a member of body of a business corporation acted with due care.