Clubs · Dec 15, 2024 · 1 min read
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Clubs · Dec 15, 2024 · 1 min read
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This article explains the consumer's responsibility to prove the fault of the organization or individual trading in goods and services when resolving disputes through the court. Understanding this provision helps you grasp your rights and obligations in the litigation process, thereby ensuring your legal rights. The article also provides information on the legal process and the necessary factors for consumers to effectively protect their rights.
The burden of proof in civil cases on consumer rights protection is stipulated in Article 42 of the Law on Consumer Rights Protection 2010, specifically as follows:
Burden of proof in civil cases on consumer rights protection
1. Consumers have the obligation to provide evidence and proof in civil cases to protect their legitimate rights and interests according to the provisions of the law on civil proceedings, except for proving the fault of organizations and individuals trading in goods and services.
2. Organizations and individuals trading in goods and services have the obligation to prove that they are not at fault in causing the damage.
3. The court decides the guilty party in a civil case on consumer rights protection.
According to this regulation, consumers will have the obligation to provide evidence and proof in civil cases to protect their legitimate rights and interests according to the provisions of the law on civil proceedings, except for proving the fault of organizations and individuals trading in goods and services.
Also according to this regulation, organizations and individuals trading in goods and services are obliged to prove that they are not at fault in causing the damage.
Thus, consumers are not obliged to prove the fault of the organization or individual trading in goods and services.
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