Post by account_disabled on Mar 6, 2024 22:34:32 GMT -5
it is obliged to prove its claim that the money in question was sent as an engagement gift... On the other hand, Article 457 et seq. of the Code of Obligations. a legal means of payment. In other words, there is a legal presumption that the transfer was made for the purpose of paying an existing debt. The transferor (muhil) who claims the opposite of this legal presumption (that the transfer was made for a purpose other than the payment of the debt) is obliged to prove this claim. In the concrete case, in the face of this legal presumption, the plaintiff is under the obligation to prove that the money transfers in question to the defendant party were sent as engagement gifts... In other words, according to the evaluation to be made based on the concept of transfer, the burden of proof in the concrete case belongs to the plaintiff party..." (Y. 3. HD, 26.02.2013, 2013/1142 E., 2013/3036 K.).
The fact that gifts were given and not returned can France Telegram Number Data be proven with all kinds of evidence. "The defendant who claims that the gifts that he admitted were given to him due to the engagement were returned must prove this. However, the burden of proving that the gifts that the defendant did not accept were given to him is undoubtedly on the plaintiff." (Supreme Court 3rd HD, 17.03.2015, 2014/18045 E., 2015/4348 K.). it is obliged to prove its claim that the money in question was sent as an engagement gift... On the other hand, Article 457 et seq. of the Code of Obligations. The money transfer regulated in the articles is a legal means of payment.
In other words, there is a legal presumption that the transfer was made for the purpose of paying an existing debt. The transferor (muhil) who claims the opposite of this legal presumpt.). The fact that gifts were given and not returned can be proven with all kinds of evidence. "The defendant who claims that the gifts that he admitted were given to him due to the engagement were returned must prove this. However, the burden of proving that the gifts that the defendant did not accept were given to him is undoubtedly on the plaintiff." (Supreme Court 3rd HD, 17.03.2015, 2014/18045 E., 2015/4348 K.).
The fact that gifts were given and not returned can France Telegram Number Data be proven with all kinds of evidence. "The defendant who claims that the gifts that he admitted were given to him due to the engagement were returned must prove this. However, the burden of proving that the gifts that the defendant did not accept were given to him is undoubtedly on the plaintiff." (Supreme Court 3rd HD, 17.03.2015, 2014/18045 E., 2015/4348 K.). it is obliged to prove its claim that the money in question was sent as an engagement gift... On the other hand, Article 457 et seq. of the Code of Obligations. The money transfer regulated in the articles is a legal means of payment.
In other words, there is a legal presumption that the transfer was made for the purpose of paying an existing debt. The transferor (muhil) who claims the opposite of this legal presumpt.). The fact that gifts were given and not returned can be proven with all kinds of evidence. "The defendant who claims that the gifts that he admitted were given to him due to the engagement were returned must prove this. However, the burden of proving that the gifts that the defendant did not accept were given to him is undoubtedly on the plaintiff." (Supreme Court 3rd HD, 17.03.2015, 2014/18045 E., 2015/4348 K.).