Indisputable Facts

in civil law and procedure, circumstances of importance for the proper resolution of a civil case, the existence of which are not disputed by the parties. A fact is indisputable if its presence is corroborated by the explanations of the plaintiff and the defendant—an affirmation by one side and an acknowledgment by the other. For example, a plaintiff, obligated to prove the existence of a certain fact on which his claim is based, gives an explanation in court and affirms that this fact exists; and the defendant, in his explanation, acknowledges that this fact actually took place. In Soviet, as distinct from bourgeois, civil procedure, the acknowledgment of a fact by a party is not compulsory for the court, since the court is not obliged to consider an indisputable fact a truth requiring no further examination. The court may acknowledge that an indisputable fact is established and make it the basis of the decision in the case if there is no doubt as to the truth of the existence of the fact. If, on the other hand, a circumstance is indicated which prompts the court to have doubts, it must verify through other evidence that the indisputable fact exists in reality.