Resumen de Requiem for the burden of proof

Jordi Nieva Fenoll

• The burden of proof, a notion specific to the medieval Roman-canonical process but alien to the four Roman procedural systems, ought to have become obsolete with the in-troduction of the free assessment of evidence. However, doctrinal and jurisprudential iner-tia in the use of traditional concepts, as well as the conservation of biphasic processes in legal systems of Anglo-Saxon origin, including the Roman-canonical process, have favoured the persistence of a notion that, when observed objectively, has ceased to have any legitimate practical value in current judicial processes