Affirmanti Incumbit Probatio Law and Legal Definition

A fact alleged by one party, when disputed by opposite party must be proved. Affirmanti incumbit probation means “the burden of proof is upon him who affirms’. The burden of proof is not upon the person who denies. Generally it is the duty of the person who asserts something to produce evidence to prove it. However, when the defender admits his/her obligation alleged by the pursuer, then burden of proof lies on such person.