Ei incumbit probatio qui dicit

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Ei incumbit probatio qui dicit, non qui negat (Latin: the burden of proof rests on who asserts, not on who denies), is a latin legal term used to refer to the principle of presumption of innocence.

[edit] Common law

In Brtitish common law, the term means, loosely, "the onus of proving a fact rests upon the man".^{[1] [2]} Another rough translation is, "The proof lies upon the one who affirms, not the one who denies." ^{[3] [4]}

The fully stated maxim is, allegedly: "Ei incumbit probatio, qui dicit, non qui negat; cum per rerum naturam factum negantis probatio nulla sit. - The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce any proof."^[5]

[edit] Civil law

The maxim has, apparently, been adapted by many civil law systems, including Brazil,^[6] Italy,^{[7] [8]} Philippines,^[9] Poland,^[10] and Spain.^[11]

[edit] References