§ 3-5. General burden of proof
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
§ 3-5. General burden of proof
(1) Unless otherwise specifically provided, the burden of proof (bevisbyrde) for a factual circumstance shall be borne by the party that has the best opportunity and reason to secure evidence of this circumstance.
(2) The service provider (tjenesteyter) nevertheless always has the burden of proof that the service provider's obligations under law and regulations (forskrift) have been fulfilled.
What does this mean?
The section states who must prove a disputed fact. The main rule places the responsibility on the party that has the best opportunity and the strongest reason to secure evidence. A stricter rule applies to the service provider: it is always the service provider that must document that its own obligations under law and regulations have been fulfilled. The provision belongs to the rules on evidence. The special rules for entering into agreements electronically in § 3-6 and for payment transactions (betalingstransaksjoner) in § 3-7 build on it.