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Probatio
(1,226 words)

('probation'; 'test'; 'evidence'; 'proof'.)

[German version]

I. Law

In Roman law, probatio included, without clear distinction, the central phase in every civil trial: the hearing of the evidence as a whole, the issue of apportioning the burden of proof and, finally, the list of submissions of evidence. The hearing of evidence by the iudex ('judge') is scarcely treated in the juridical writings; it was not regarded as an issue of law. The apportioning of the burden of proof was probably not observed as strictl…

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Paulus, Christoph Georg (Berlin) and Baumhauer, Otto A. (Bremen), “Probatio”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 30 May 2020 <http://dx.doi.org/10.1163/1574-9347_bnp_e1009110>
First published online: 2006
First print edition: 9789004122598, 20110510



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