PROBATIVE OPPOSABILITY Jean-François ELSEN PROBATIVE OPPOSABILITY Jean-François ELSEN

SOURCE 0 — ARTICLE 55(2A) OF THE PSR: THE REVERSAL OF EVIDENTIARY INITIATIVE

The Payment Services Regulation (PSR) now imposes an affirmative obligation on the provider: invite the payer to respond before concluding fraud or gross negligence. This obligation shifts the evidentiary initiative, but sets no evidentiary regime for proving its own implementation. An analysis of the gap and the SOURCE 0 pre-execution attestation response.

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EVIDENTIARY GOVERNANCE Jean-François ELSEN EVIDENTIARY GOVERNANCE Jean-François ELSEN

SOURCE 0 - THE EVIDENTIARY SHIELD AGAINST STATE LIABILITY IN CLIMATE LITIGATION

States do not lose climate litigation because their policies were inadequate. They lose because they cannot prove, with forensic finality, what those policies were based upon at the moment they were adopted. SOURCE 0 seals that proof before litigation exists. The Irish multi-generational climate case as paradigmatic demonstration. SOURCE 0 Doctrine Series — Authoritative Public Release.

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