Evaluation of the expert report regarding the medical condition of the insured in the CASS
Section: Juris. Administrative , Decisions
"Second. - The judgment of first instance had considered that the applicant was awarded a disability pension for accident at work calculated with regard to his professional element in a reduction of 36%.
The ruling of the Administrative Chamber of the Supreme Court has recognized Mrs. MDGVF the right to benefit from a disability pension for accident at work for a decrease of 48% physical. Read the rest of this article »
There is nothing to judge against those who confess
Section: "Nulla dies sine linea" - The phrase of the day
Nullae partes sunt iudicandi in confitentes.
Ulpiano: Digest 9, 2 Comments on Law Aquila, 25, 2 (D. 9.2.25.2)
* Judgment dated 30/10/75 TS Mitra, RJ 4, regarding the evaluation of judicial confession.
Tags: testing
Need to translate documents in foreign language brought to trial
Section: Juris. procedural
"Whereas Article 2.2 of the Andorran Constitution determines that the official language is Catalan, and that it relates to all public authorities, in particular courts, altars and also to ensure the right to counsel (cf. . art. CA 10), may be called for the plaintiff to proceed to the Catalan translation of related documents that make up the documentary evidence 8. So, once these documents translated and incorporated into the proceedings, shall be issued for the ruling to resolve the dispute which is binding on the parties, in high degree to this Court. "
Aunt of the Civil Division of the Superior Court, west JM: April, dated 11/19/09, Aunt 148/09.
Tags: testing
The need to test it is for those who always drives
Section: "Nulla dies sine linea" - The phrase of the day
Semper I need Illia incumbent who agitated.
2 schools, 20 of legacies, 4 (I. 2.20.4)
* Judge of Appeal judgment dated 19/2/66 Obiols, RJ 94
* Judgment dated 23/3/72 TS Mitra, RJ 114
Bond related
Tags: testing
The test always correspond to those claims, and who refuses to
Section: "Nulla dies sine linea" - The phrase of the day
Constitutions of Catalonia Volume 1, Book 3, Title 15 Usatge affirmantes (Cc. 1.3.15)
* TSJC Ruling dated 11/1/01, RJ 1537, in relation to the burden of proof.
* TSJC Ruling dated 12/7/01, RJ 1606, in relation to the burden of proof on the plaintiff, that in the absence of proof means of defending the acquittal.
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Tags: testing
What is not fully tested is shown
Section: "Nulla dies sine linea" - The phrase of the day
Quod non est full probatio, nulla est probatio.
* Judgment dated 18/10/01 TSJC, RJ 1634, in relation to the burden of proof with respect to a resolutive condition of the contract to relieve themselves of a contract compliance which was not in his discretion.
Tags: testing
Who does not prove sufficiently proves nothing
Section: "Nulla dies sine linea" - The phrase of the day
Who nimis tested nihil tested.
* Judgment dated 18/10/01 TSJC, RJ 1634, in relation to the burden of proof with respect to a resolutive condition of the contract to relieve themselves of a contract compliance which was not in his discretion.
Tags: testing
Not showing the actor what matters to your right, you win even if the defendant would have tried anything
Section: "Nulla dies sine linea" - The phrase of the day
Who accusare will, probationes habe debent, .... Celebration enim non probante convenitur who, himself, ETSI nihil praestarit, obtineat.
Code 2, 1 communication demand, 4 (C. 2.1.4)
* Judgment dated 18/12/97 TSJC, RJ 824, regarding the lack provatòria of the lease, then a lack of agreement between the parties on the rent, the contract is valid for lower price .
* TSJC Ruling dated 13/3/97, RJ 743, regarding the absence of proof of the facts cited.
* TSJC Ruling dated 22/6/00, RJ 1383 and 1386-7, in relation to the burden of proof on the plaintiff, then in the absence of proof of their right to be acquitted even though the defendant had no plea .
* TSJC Ruling dated 26/4/01, RJ 1573, in relation to the burden of proof by the plaintiff.
* TSJC Ruling dated 24/1/02, RJ 1740, in relation to the burden of proof by the plaintiff.
* TSJC Ruling dated 9/6/05, RJ 2508, in relation to the burden of proof by the plaintiff of the facts constituting their claims.
* TSJC Ruling dated 9/6/05, RJ 2515, in relation to the distribution of the burden of proof (onus proband), which corresponds to the agent proof of the facts constituting the claim and the defending accreditation extintius facts, impeditius and exclusive.
Tags: testing
When you can get profit for the plaintiff or the defendant is less favorable for those who ask
Section: "Nulla dies sine linea" - The phrase of the day
In eo, quod who is small veil veil is a nonprofit quo petitur facturus east, due east durior petitoris.
Pomponio: Digest 50, 17 Of the various rules of the old law, 33 (D. 50.17.33)
* Judgment dated 18/10/01 TSJC, RJ 1634, in relation to the burden of proof with respect to a resolutive condition of the contract, so that you can enervating the general performance of the obligation of contract work as the law between the parties.
Tags: testing
The incumbent always need to test the applicant
Section: "Nulla dies sine linea" - The phrase of the day
Semper I need proband incumbent Illia, who agitated.
Brand: Digest 22, 3 testing and the presumptions, 21 (D. 22.3.21)
* Judgment dated 30/7/83 TS Mitra, RJ 72, in relation to the charge of the agent to prove the existence of the lease.
* Judgment dated 7/12/83 TS Mitra, RJ 84, in relation to the principle that each party must prove the facts and assumptions that are favorable with respect to a service contract.
* Judgment dated 8/10/84 TS Mitra, RJ 89, in relation in relation to the principle that each party must prove the facts and assumptions that are favorable.
* Judgment dated 15/1/85 TS Mitra, RJ 98, about the need to determine the position of the parties to determine who holds the burden of proof.
* Judgment dated 16/6/86 TS Mitra, RJ 149, relating to the broker must prove the facts constituting the claim that right in its demand.
* TSJC Ruling dated 2/2/95, RJ 237, in relation to the principle of burden of proof is sometimes inadequate and confusing, when the defendant offers a real action defendants excipiendo fit actor, what motivates a development based non-agent terms, defending-but between the concepts and contents of the affirmation and negation.
* TSJC Ruling dated 12/6/97, RJ 772, in relation to the necessary proof of the consistency and material reality of the facts constituting the claim of demand, it becomes totally ineffective when it lacks the necessary strength of conviction and demonstration in tracking the accreditation of the tenants on the property Sunday.
* TSJC Ruling dated 8/4/98, RJ 941, relative to the test of events after the trial period at first instance and second instance provatòria practice.
* TSJC Ruling dated 26/2/03, RJ 1960, in relation to the principle of onus proband, which corresponds to the plaintiff's proof of facts establishing and sustaining part of the exclusive events and impeditius.
* TSJC Ruling dated 26/2/03, RJ 1968, in relation to the principle of onus proband, which corresponds to the plaintiff's proof of facts establishing and sustaining part of the exclusive events and impeditius.
* TSJC Ruling dated 8/1/04, RJ 2133, in relation to the principle that the burden of proof lies with the appellant in relation to grief as the vice will contract and the application of the clause rebus sic stantibus .
* TSJC Ruling dated 22/1/04, RJ 2144, in relation to the distribution of the burden of proof therefore corresponds to the agent proof of the facts constituting the claim.
* TSJC Ruling dated 19/5/05, RJ 2487, in relation to the distribution of the burden of proof therefore corresponds to the agent proof of the facts constituting the claim.
* TSJC Ruling dated 19/5/05, RJ 2491, in relation to the distribution of the onus proband therefore corresponds to the test of defending the defunct events.
Tags: testing
The census and public documents are stronger than the witnesses
Section: "Nulla dies sine linea" - The phrase of the day
Census public monuments you potiora testibus sunt (esse Senatus Census).
Marcel: Digest 22, 3 From the evidence and the presumptions, 10 (D. 22.3.10)
* Judge of Appeal judgment dated 13/1/66 Obiols, RJ 90
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The proof rests on who asserts, not on who denies
Section: "Nulla dies sine linea" - The phrase of the day
Hey incumbent who probatio periodicity, non who refused.
Paule: Digest 22, 3 From the evidence and the presumptions, 2 (D. 22.3.2)
* Judge of Appeal judgment dated 13/6/55 Obiols, RJ 22
* Judge of Appeal judgment dated 11/10/58 Obiols, RJ 31
* Judge of Appeal judgment dated 18/9/65 Obiols, RJ 84
* Judgment dated 23/3/72 TS Mitra, RJ 114
* Judge of Appeal judgment dated 6/12/75 Shoemaker, RJ 154
* Judgment dated 7/12/83 TS Mitra, RJ 84, regarding proof of the facts that determine the action taken.
* Judgment dated 8/10/84 TS Mitra, RJ 89, regarding proof of the facts that determine the action taken.
* Judgment dated 15/1/85 TS Mitra, RJ 98, about the need to determine the position of the parties to determine who holds the burden of proof.
* Judgment dated 15/12/86 TS Mitra, RJ 164, in relation to the burden of proof on the applicant's counter-existence of a pact of an exclusive distribution contract.
* Judgment dated 19/5/87 TS Mitra, RJ 193, in relation to the burden of proof of who invokes verbal agreements Novatores the loan contract.
* Judgment dated 6/7/89 TS Mitra, RJ 287, regarding the allocation of the burden of proof relates to who claims a right, and those who simply deny the claim must not be contrary so, according to the principle negative non sunt proband Code 4, 19, 33.
* Judgment dated 11/3/91 TS Mitra, RJ 341, related to inactivity provatòria agent to prove damages resulting from flooding.
* TSJC Ruling dated 10/5/94, RJ 67, in relation to the burden of proof in an unfair dismissal wage.
* TSJC Ruling dated 20/6/94, RJ 101, relating to bills accompanied with the demand, by themselves, without any signature or acceptance, are not sufficient to create the necessary conviction about the reality of debt.
* TSJC Ruling dated 2/2/95, RJ 237, in relation to the principle of burden of proof is sometimes inadequate and confusing, when the defendant offers a real action defendants excipiendo fit actor, what motivates a development based non-agent terms, defending-but between the concepts and contents of the affirmation and negation.
* Judgment dated 10/10/96 TSJC, RJ 624, relating to proof of the existence of a contract of mandate, or the ratification of the management actions taken under the management of business without mandate.
* Judgment dated 21/11/96 TSJC, RJ 639, relating to general rules on the distribution of the burden of proof.
* TSJC Ruling dated 20/2/97, RJ 728, relating to special rules provatòries have precedence over the formal charge of the general test, and contravindicatio reivindicatòria actions in regard to the possession and dominion .
* TSJC Ruling dated 29/5/97, RJ 762, relating to the contract and because of the objectification of responsibility, respect for the test of causal link between the act and forced to compensate the damage.
* TSJC Ruling dated 12/6/97, RJ 772, in relation to the necessary proof of the consistency and material reality of the facts constituting the claim of demand, it becomes totally ineffective when it lacks the necessary strength of conviction and demonstration in tracking the accreditation of the tenants on the property Sunday.
* TSJC Ruling dated 11/1/01, RJ 1537, in relation to the burden of proof.
* TSJC Ruling dated 9/6/05, RJ 2515, in relation to the distribution of the burden of proof (onus proband), which corresponds to the agent proof of the facts constituting the claim and the defending accreditation extintius facts, impeditius and exclusive.
Tags: testing
CASS: Item professional, loss of pay, test
Section: Juris. administrative
"Third. - The application of Article 6 of Regulation no. 18 provides that the professional element is determined by the loss of emoluments which the employee suffers in comparison to the salary received to return to work with what you perceived to occur before the accident.
As stated repeatedly in this room, "the professional element is assessed based on the loss suffered by the insured emoluments compared to the salary received to return to work with what they perceive to be produced before the accident and measurement of these elements requires a minimum activity evidence. "
In the same way, no judgments. 96-46 of 20 November 1996, and 97-09, 28 February 1997, declared that "the contribution to the administrative record of the proceedings or of fact which is based on the professional element corresponds in principle to the insured, "because this is who can actually prove this. Similarly, the ruling 98-38, 21 September 1998, adding that the party "as a classic principle of judicial review, must give the precise elements that allow them to justify their own assessment of the loss of emoluments ".
However, this rule has an exception, which also collected the jurisprudence of this room (among others, judgment no. 00-37 of 18 September 2000), which occurs when one's medical records can appreciate that the disease suffered by the party prevented him from resuming their work. Importantly, unlike what happens in the disability by disease, which requires the allocation of group II inability to find any kind of activity, the professional element of the disability arises from employment injury specific loss of emoluments interested in experiencing as a result of the accident who has suffered. "
Judgment of the Superior Court room administrative dated 14/9/09, speaker A. Andrew, no. 78-2009.
The burden of proof for the absence of the workbook
Section: Juris. Litigation , Jurisprudence
By judgment dated 18/6/2009, JL speaker. Vuillemin, Aunt 057/09, the Court considers that it is totally unfair that the lack of maintenance workbook detrimental to the worker as to prove the reality of overtime in the absence of that book, is totally impossible and hence this serious breach that can not have another effect reversing the burden of proof. While fall is true that Article 43 of the Act on employment contract requires the employer to have a workbook which fall overtime, holidays worked, absences etc., and that the worker does not has brought in Aunt
any book of this type. However, the absence of this book can not be reversed due to the burden of proof, since in this case correspond to demand the impossible to defend a negative proof of compliance. The only consequence of the lack of contribution of the book referred to is that the employer is deprived of important evidence against a medium to allegations of worker that is easier to prove their claims. However, this test must exist through documents or witnesses, as simple statements of the applicant may not be sufficient to justify a conviction of the adverse.
On the other judgment dated 18/6/09 the Court understands that respect for workers' claim in respect of public holidays and overtime, it is true that the employer does not provide the workbook where the hours fall overtime, holidays worked, absences etc ..., but a breach of legal obligation can not be due to the automatic estimation of all claims the employee in respect of holidays and / or overtime, or have the effect of reversing the burden of proof because it would ask the employer to test negative for compliance impossible, however to prevent the employer easily dismiss the evidence of adverse, as in any case, always falls on the plaintiff to prove his claim.
What is not fully proven, not proven
Section: "Nulla dies sine linea" - The phrase of the day
Quod non est full probatio, nulla est probatio.
* Judgment dated 18/10/01 TSJC, RJ 1634, in relation to the burden of proof with respect to a resolutive condition of the contract to relieve themselves of a contract compliance which was not in his discretion.
Tags: testing
Proof of confession in trial
Section: Juris. procedural
iure pro iudicatis haberi placet (Codi 7,59). "As is well known, the test of confession in court and still has a significant relevance, that translate the aphorisms east regina probationum confession and confessed in jure pro iudicatis Haber square (Code 7.59). But these aphorisms are to be made in relation to other rules or aphorisms without denying the past, limiting its scope as are listed in the Digest 42, 2, 2 where it is expected that confesses that he is wrong, what can reverse the effects of a confession of error due to justified. superior als altres mitjans que estableix la llei, ja que d'acord amb el sistema processal de lliure apreciació de la prova, la de confessió en judici no és prova plena, amb la conseqüència que l'organisme, jurisdiccional no esta obligat a seguir-la en el seu resultat, sens perjudici de la seva valoració en relació amb les altres proves practicades, però sense exclusivitat prevalent.” A second element that must be in view, is that under Andorran law, the confession at trial under oath indecissori, except for being a single test, no test and no notice is test over other provisions of law, as under the procedural system of self assessment test, the confession at trial is not full proof, with the result that the body is not obliged to follow judicial it in its result, without prejudice to its assessment in relation to other tests carried out, but not exclusively prevalent. "
Judgment of the Civil Division of the Superior Court dated 18/12/97, Aunt 100/97.
