Section 13A: Burden of proof

Prescription and Limitation (Scotland) Act 1973 · 1973 c. 52View on legislation.gov.uk

Part I: Prescription

This section applies in relation to—

an obligation to which a prescriptive period under section 6, 7 or 8A applies, and
a right to which the prescriptive period under section 8 applies.

If a question arises as to whether the obligation or right has been extinguished by the expiry of the applicable prescriptive period, it is to be presumed that the obligation or right has been so extinguished unless the contrary is proved by the creditor.

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