Challenging the contents of a document

Under Article 180 of the Bulgarian Code of Civil Procedure, a private document signed by its maker, whether it records an act of disposition or attests to facts, has formal evidentiary force: it proves that the maker made the statements it contains. Where a private document attests to facts adverse to its maker, it also has substantive evidentiary force: it is evidence of the external facts to which the statement refers. An assertion that a fact acknowledged by the maker did not actually occur therefore challenges the contents of that part of the document within the meaning of Article 164(1), point 6, of the Code. If the signer did make the statement recorded in the document but the statement does not correspond to the facts, the document is authentic although its contents are inaccurate. For example, where the maker has acknowledged receipt of the price, the burden of disproving receipt rests on the party disputing the accuracy of their own acknowledgement, that is, the party claiming that the fact they admitted did not actually occur. See also Supreme Court of Cassation judgment No. 169 of 23.11.2012 in commercial case No. 664/2011, Second Division of the Commercial Chamber. Where a party bears the burden of proving the facts it seeks to establish in court, the evidence it adduces constitutes proof in discharge of its own burden.

If you have questions about court papers, a civil or commercial case, or documents used in court, consult a lawyer experienced in litigation. If you have received a statement of claim or a summons to appear in court, consult an experienced lawyer without delay about your rights and the steps you need to take to protect your interests.