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Evidence in Civil Law - Germany

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Book Series: Law & Society ISBN: 9789616842495 Year: Pages: 56 DOI: 10.4335/978-961-6842-49-5 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 20:35:09
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The fundamental principles in civil procedure do not only serve as guiding principles for civil procedure in general, but are especially relevant in the taking of evidence process. The German Code of Civil Procedure lays down various rules in its part on the taking of evidence, which aim to specify the scope of the fundamental procedural principles as well as their limitations. This reports purposes to depict the taking of evidence process under German law by illustrating its interaction with said principles.

Evidence in Civil Law - Estonia

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Book Series: Law & Society ISBN: 9789616842396 Year: Pages: 69 DOI: 10.4335/978-961-6842-39-6 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-06 18:15:30
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Since Estonia regained its independence on 20 August 1991 Estonian civil procedure has been gradually developed from the civil procedure of Estonian SSR to the modern civil procedure rules in force today. The current code of civil procedure was adopted on 20 April 2005 and came into force in 1 January 2006. Since coming into force several changes have been made to the current code with significant changes coming into force on 1 January 2009. Estonian civil procedure is mainly based on the adversarial principle, except for some specific cases and proceedings on petition where the inquisitorial principle is used. Deriving from this the parties are in most cases free to decide on what evidence to submit and whether to submit evidence at all. While the court may ask the parties to submit evidence, they are not required to do so. The situation is different in cases based on the inquisitorial principle. Estonian civil procedure does not impose many restrictions as to the kind of evidence that can be submitted. Virtually anything that can be reproduced in some way may be submitted as documentary evidence and any person who has knowledge about the facts of the case may be heard as a witness. Even the parties may be heard under oath. The Estonian Code of Civil Procedure does not set out many rules on how to evaluate the evidence submitted. The basic rule is that the court has to assess the evidence impartially and as a whole and not give any preference to any particular piece of evidence.

Evidence in Civil Law - Romania

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Book Series: Law & Society ISBN: 9789616842563 Year: Pages: 31 DOI: 10.4335/978-961-6842-56-3 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:47:10
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This study is offering a review of the most important institutions of the Romanian law of evidence: the fundamental principles of civil procedure, as well as the general principles of evidence taking; an analysis of the various means of evidence, and of the rules regarding the taking of evidence; some specific issues such as the unlawful evidence, the costs, language and translation in the process of the taking of evidence, are also examined.

Evidence in Civil Law - Slovakia

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Book Series: Law & Society ISBN: 9789616842570 Year: Pages: 50 DOI: 10.4335/978-961-6842-57-0 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:43:38
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Like in all jurisdictions of the Member States of the European Union the Slovak civil procedure is governed by the range of principles that were developed in Europe since 19th century. The thesis summarizes the main principles and their application by the judges when taking the evidence in the course of civil proceedings. It is evident that the observance of principles is vital not only in the drafting of legislation, but also in its implementation and claiming rights of the parties before the court. The combination of competing principles, such as free disposition principle and the officiality principle, as well as the adversarial and inquisitorial principles helps to achieve the situation in both positive law and the decision making practice of the courts, where it is possible to decide the civil cases in a fair and objective way enabling parties to use procedural tools at their disposal. The thesis further elaborates on role of principles in taking evidence at the court and it also describes the kinds and means of evidence according to the Slovak Code of Civil Procedure.

Evidence in Civil Law - Cyprus

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Book Series: Law & Society ISBN: 9789616842457 Year: Pages: 63 DOI: 10.4335/978-961-6842-45-7 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 10:54:52
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This short monograph attempts an exploration of the legal treatment of evidence questions in Cyprus law. The first section of the study offers a comparative-law introduction to the legal system of Cyprus – a mixed legal system that in matters of civil litigation, including evidence, tends to strongly follow the English common law tradition (including the existence of an autonomous legal field of evidence law, that tends to be dominated by criminal evidence law. The second section presents the general principles underlying Cypriot civil procedure, including evidence. The sections that follow examine in more detail legal aspects involving civil evidence, especially how the basic types of evidence are treated in Cyprus law and how the processes for the taking of evidence are organized. The study also examines special questions including the legal treatment of illegally obtained evidence, legal costs and problems of language. The final section examines the cross-border dimensions of civil evidence-taking.

Evidence in Civil Law - Denmark

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Book Series: Law & Society ISBN: 9789616842464 Year: Pages: 31 DOI: 10.4335/978-961-6842-46-4 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 10:57:16
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Danish civil procedure is based on a number of procedural law principles that affect the taking of evidence, including the principle of party presentation, the principle of disposition, and the principle of free assessment of evidence. The nature of Danish procedural law tends towards the adversarial model rather than the inquisitorial model. Evidence is taken during the hearing and the principle of directness applies to the procedure. Danish civil procedure is governed by the 1916 Administration of Justice Act, which was originally strongly influenced by German law. The role of the judge is to lead the process and also to intervene in proceedings when uncertainty exists, rather than just to facilitate the process by ensuring the parties abide by the laws of civil procedure.

Evidence in Civil Law - Finland

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Book Series: Law & Society ISBN: 9789616842471 Year: Pages: 46 DOI: 10.4335/978-961-6842-47-1 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 20:25:35
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Finnish civil procedure has a close connection with other Scandinavian legal systems and co-operation between the States is active. In addition, the legislation, case-law and scholarly doctrine are more and more influenced by European co-operation through the EU and Council of Europe. The principles of free disposition, free assessment of evidence, audiatur altera pars, and burden of proof form the basis for an oral and direct public hearing. It follows from these due process principles that no methods of proof are forbidden but their relevance depends on the court’s assessment. The procedural doctrine in Finland is well established and has roots in the Swedish code of civil procedure of 1734, although it has gone through extensive reforms. On February 10, 2015 the Parliament of Finland passed the reform of chapter 17 of code of civil procedure, which contains the legislation on law of evidence. The extensive reform systematically updates and streamlines the previous legislation on evidence in addition to introducing new regulation e.g. on anonymous witnesses and banning invocation of evidence, which has been obtained by illegal means. The reform of chapter 17 concludes the systematic reform.

Evidence in Civil Law - Hungary

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Book Series: Law & Society ISBN: 9789616842518 Year: Pages: 54 DOI: 10.4335/978-961-6842-51-8 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:03:18
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After a brief historical introduction, the short monograph reviews the system of evidence in Hungarian civil proceedings, approaching the topic from the aspect of the basic principles. Following changes in the role of material truth, it presents alterations in the interpretation of and re-interpretation of the notion of the principle of free disposition of the parties. Then it deals with the following basic principles and their relation to evidence: principle of orality, principle of directness, principle of public hearing, principle of equality of arms, right to be heard, ensuring the use of one’s mother tongue, principle of procedural economy, the proper (bona fide) conduct of the lawsuit, principle of adversarial hearing, principle of the freedom of proof. After examining the questions of admissibility of evidence and burden of proof, it discusses particular means of evidence, the taking of evidence, the preliminary taking of evidence, costs of evidence, the question of unlawful evidence, and finally, the cross-border taking of evidence.

Evidence in Civil Law - Ireland

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Book Series: Law & Society ISBN: 9789616842525 Year: Pages: 120 DOI: 10.4335/978-961-6842-52-5 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:08:58
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Ireland as a common law jurisdiction operates an adversarial system. Ireland has a written Constitution, Bunreacht na h-Éireann. Other sources of law include legislation and European Union Law and a doctrine of precedent operates. This paper comprises a discussion of the law of evidence in Irish Civil Procedure. It follows the structure of a questionnaire circulated for the purposes of a comparative study as part of an EU wide project and is repetitive in parts. It was completed between November 2013 and August 2014 and in the interim there have been significant developments in the Irish legal system, most notably the establishment of the Court of Appeal and the Supreme Court decision in D.P.P. v. J.C. [2015] IESC 31, which modified the exclusionary rule concerning unconstitutionally obtained evidence. The primary form of proof in Irish courts is oral evidence. Competent witnesses are generally compellable. Usually testimony, on oath or affirmation, is given viva voce in open court before the Judge and where necessary a jury, and in the presence of the parties. The right to cross-examine is constitutionally guaranteed. In civil cases, the standard of proof is the balance of probabilities. The burden of proof rests on the party which asserts. The principle of audi alteram partem applies. A distinction is drawn between unconstitutionally obtained evidence and illegally obtained evidence. There is pre-trial discovery. Evidence taking by and for foreign courts is discussed.

Evidence in Civil Law - Sweden

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Book Series: Law & Society ISBN: 9789616842600 Year: Pages: 42 DOI: 10.4335/978-961-6842-60-0 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:11:26
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This publication is based on the Swedish report to the project Dimensions of Evidence in Civil Procedure. The major objective of the project has been to explore whether there exists a common core of European Law of Evidence, and if it does, to describe its content and its most important points of discord among the national legal systems. By providing a clear picture of common core principles, the project can serve as a starting point for further harmonisation or unification processes in this field. A basic assumption of the project is that there can be no trust without a clear picture what courts do in matters of evidence, and how they discover the facts. This publication presents the relevant aspects of the Swedish legal system. The Swedish system for adjunction seldom takes its ground in firmly defined principles, but principles appear in decisions ad hoc. The Swedish application of the principle of free production of evidence and the principle of free assessment of evidence are far-reaching.

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