EPRAVO.CZ has published an article by our colleagues David Urbanec and Diana Patočková on contractual modification of the burden of proof in light of the Czech Supreme Court’s judgment of 27 July 2026, Case No. 21 Cdo 94/2026.
The authors examine the circumstances in which contractual presumptions or fictions may affect which party must prove the relevant facts in a potential dispute. They also explain the development of case law and the limits of such provisions, particularly with regard to the protection of the weaker party.
The judgment highlights that a provision governing the consequences of a contracting party’s actions or inaction may significantly affect that party’s position in court proceedings.


