Réquiem por la carga de la prueba
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The burden of proof is a notion specific to the medieval Roman-canonical process, alien to the four Roman procedural systems, which should have disappeared with the introduction of the free assessment of evidence. However, the doctrinal and jurisprudential inertia in the use of traditional concepts, as well as the conservation of a biphasic process—like the Roman-Canonical one—in the systems of Anglo-Saxon origin, have favoured the persistence of a notion that, ob-served objectively, has ceased to have any legitimate practical sense in current judicial processes