AFFIRMANTIS EST PROBARE Meaning and
Definition
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AFFIRMANTIS EST PROBARE is a Latin phrase that translates to "the one who affirms must prove" in English. This legal maxim is a fundamental principle in the field of law and the administration of justice. It primarily refers to the burden of proof, which lies on the party making an assertion or alleging a claim.
The phrase suggests that the party who brings forward a claim or presents an argument has the responsibility to provide evidence and establish its validity. In legal proceedings, it means that the plaintiff or prosecutor has the obligation to prove the allegations made, rather than the defendant having to prove their innocence. The concept is essential for maintaining fairness and ensuring that a person is not unjustly punished or held liable without sufficient evidence.
This maxim reflects the presumption of innocence, which is a cornerstone of the legal system and guarantees that a person is considered innocent until proven guilty. It places the burden on the party making a claim to present credible evidence to support their assertions and convince the court or jury of its truthfulness.
Overall, AFFIRMANTIS EST PROBARE serves as a guiding principle in legal proceedings, reminding that the burden of proof lies on the one who brings a claim or initiates an action, emphasizing the importance of evidence and fairness in the adjudication of legal disputes.
