On Contract Law, The Burden Of Proof Allocation

As the old legal proverb says: the burden of proof is the backbone of the civil procedure. A lot of scholars have made a deep study of the burden of proof for many years, and plenty of achievements have been made. However, seldom scholar combined the burden of proof and substantive law as one to study. And most of the scholars lay the emphasis on procedure law. This article will tell us the relationship between the rules of the burden of proof and the substantive rules and try to study the distribution of the burden of proof in contract law. Undoubtely, it is worthy of studying theoretically, but also is of practical value.There are four parts. First part defines the burden of proof; Second part elaborates the importance and the essence of the distribution of the burden of proof. The third part illustrates that Rosenberg' s typical theory can be used in contract law. At last, this article uses much ink in elaborating the distribution of the burden of proof in contract law.