IISES International Academic Conference, Prague

THE STANDARD OF PROOF IN CIVIL PROCEEDINGS: A COMPARATIVE PERSPECTIVE BETWEEN EUROPEAN COUNTRIES AND THE ECHR PRACTICE

BRUNELA KULLOLLI

Abstract:

This article explores the standards of evidence in civil proceedings from a comparative perspective between the civil law system (with a focus on Albania) and the common law system (with a focus on the United Kingdom). Combining theoretical and practical approaches, the study examines the core principles governing the administration and evaluation of evidence, the role of the judge and the parties, and the rules on admissibility and exclusion of evidence. The analysis is grounded in relevant national legislation, leading jurisprudence, and key judgments of the European Court of Human Rights. The article concludes by identifying structural weaknesses in the Albanian system and offers concrete recommendations for aligning it with European standards and ensuring a fair and effective civil trial.

Keywords: standard of proof, civil procedure, ECHR, comparative law, Germany, France, Italy, Albania, balance of probabilities, comfortable satisfaction