Estoppel, Burden of Proof, & Presumptions

1. Burden of Proof (Art. 117 & 118)

• Initial Burden: Lies on the person who wants the court to rule in their favor based on facts they assert.
• The Failure Test: The burden lies on that person who would lose the case if no evidence were given by either side.
• Criminal Claims: If A wants B punished, A must prove B committed the crime.
• Maxim: Incumbit probatio qui dicit, non qui negat means the burden lies on the person who affirms, not who denies.

2. Special Burdens (Art. 121 & 126)

• Insanity Exception: If an accused murderer claims unsoundness of mind, the burden of proof is strictly on the accused (A).
• Ownership: If a person is in possession of something, they are presumed the owner. The burden to prove otherwise is on the person challenging it.

3. Timeline Rules (Art. 124 & 128)

• Presumption of Death: Shunted to the person claiming a man is alive if he has not been heard of for 7 years.
• Legitimacy Rules: Marriage is conclusive proof of legitimacy only if the child is born:

4. Estoppel & Civil Standards (Art. 114)

• Definition: A rule of evidence involving 2 parties and 3 kinds (record, deed, conduct).
• Fraud Exception: Estoppel does not apply if a deed is obtained by fraud.
• Land Sale Example: If A falsely claims land is his to sell it to B, and A later gets the actual title, A must not be / may not be allowed to cancel the sale claiming he lacked title.
• Civil Standard: Civil cases are decided on the preponderance of evidence / balance of probability (not "beyond a reasonable doubt").