Probatio diabolica

As probatio diabolica (Latin devilish argument ) is called in the Austrian case law, the issue of the ownership lawsuit mourners to prove his property. Primary takes place this evidence on non-derivatives way, ie by proof of ownership of the foreman, and again evidence of ownership of the foreman of the foreman, etc., until at some point in this chain and a genuine acquisition ( for example, through acquisition in good faith of Ineligible by adverse possession or occupation ) is done.

The probatio diabolica causes often the plaintiff ( alleged ) owner rather than to the property to suit Actio Publiciana attacks ( as far as possible in regard to the qualification of Ownership).

The current German law solves the problem by the property presumption, the causes do not have to prove the owner of movable property and registered in the Land Registry owner of land or a right in land their ownership, but the opponent has to lead the evidence to the contrary ( § 1006 BGB). The same also sees the Swiss law (Art. 930 CC)

• Property law ( Austria )