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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 - 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 - Spain

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Book Series: Law & Society ISBN: 9789616842594 Year: Pages: 35 DOI: 10.4335/978-961-6842-59-4 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:14:20
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This work presumes to be an introduction for the foreign reader to Spanish regulations in regard to evidence. It has been structured following a classic design in the Spanish academic literature with the aim to approach the reader to the Spanish legal way of thinking. With the same goal it a starting Chapter that analyzes the different principles that lead Spanish Civil Procedure has been included.

Evidence in Civil Law - Croatia

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Book Series: Law & Society ISBN: 9789616842402 Year: Pages: 55 DOI: 10.4335/978-961-6842-40-2 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 10:52:17
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This book portrays evidence and gathering of evidence under the current Croatian regulation relating to evidence and in practice. In this context, the author first analyses the fundamental principles of Croatian civil procedure and law of evidence. Then, the general principles of evidence and gathering of evidence are discussed, as well as the general rule on the burden of proof. The question of gathering of evidence through modern technology (videoconferencing, etc.) in the Croatian law and practice is also discussed. Separate parts of this book contain the analysis of means of proof regulated by the Croatian Civil Procedure Act: inspection of object ('view'), documents, witness testimony, expert testimony, and party testimony. The rules on costs caused by gathering of evidence, including the costs for translation are analysed, as well as the rules on language. The concepts of illegally obtained evidence and illegal evidence in the Croatian law and practice are discussed. This volume contains the report about the Council Regulation (EC) No 1206/2001 and the multilateral and bilateral legal assistance treaties to which Croatia is a party. There are several appendices to this book: a table of authorities according to the Regulation No 1206/2001, and relevant sources of Croatian civil procedure, table of case law on evidence, table portraying a ordinary/common civil procedure timeline, table referring to legal interpretation in the Croatian legal system, and comparative tables focusing on functional differences between national regulation, bilateral legal assistance treaties, multilateral treaties, and Council Regulation (EC) No 1206/2001 on taking of evidence by hearing of witnesses. This book is a result of the Dimensions of Evidence in European Civil Procedure research project commissioned by European Commission, Directorate-General Justice.

Evidence in Civil Law - Greece

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Book Series: Law & Society ISBN: 9789616842501 Year: Pages: 30 DOI: 10.4335/978-961-6842-50-1 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:01:16
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The dominant position of the parties with regard to a civil litigation constitutes a major principle of the Greek Code of Civil Procedure (principle of free disposition). Furthermore, The orientation of the Greek Code of Civil Procedure towards the contemporary model of a more active judge, apart from the more or less passive role of the latter, mainly to examine lack of the procedural prerequisites (Art. 73 CCP) and the legal foundation of the action on his own motion, is only sporadically provided for in certain regulations. The right of defence before the courts is explicitly guaranteed by Art. 20 I b of the Greek Constitution explicitly guarantees: “Every person … may plead before them his views concerning his rights or interests as specified by law”. Moreover, the Code of Civil Procedure provides for the principle of the need for the summoning of the parties in all hearings of the case (Art. 110 II CCP), notwithstanding the application of special provisions oriented towards the specification of the right of defence. The taking of evidence is in principle administered before the whole panel of the court (= principle of directness). Moreover, witnesses testify before one member of the court’s panel, who is appointed as the reporter judge Art. 270 V CCP). In particular, expert reports and viewing of the premises may be orally ordered by the court. The publicity of the courts’ sittings (Art. 93 II) and publicity of the pronouncement of the courts’ judgments (Art. 93 III) are explicitly guaranteed by the Greek Constitution (Art. 93 II, III). The credibility of the means of proof is in principle freely evaluated by the court, unless otherwise explicitly provided, thus the judge decides in accordance with his inner conviction as regards the truth of the factual allegations. The judgement must include the reasons, which led the judge to the formation of his conviction (Art. 340 CCP). The Greek Code of Civil Procedure requires in principle the full conviction of the court as regards the standard of proof. Eight means of proof are exclusively listed in Art. 339 CCP: confession, direct proof, especially viewing the premises, expert reports, documentary evidence, examination of parties, testimony, presumptions and sworn attestations. The Greek Code of Civil Procedure, under the influence of the German-origin “Norms’ Theory” (“Normentheorie”), introduces the rule that “Each party is obliged to prove the facts which are required to support his self-contained claim or counter-claim” (Art. 338 I CCP). Art. 19 III of the Greek Constitution provides for the inadmissibility of the means of evidence obtained in violation of Art. 19, 9 and 9A of the Greek Constitution, as regards the protection of the secrecy of letters and other forms of communication, the protection of every person’s home (“asylum”), the inviolability of private and family life and the inviolability of personal data respectively.

Evidence in Civil Law - Slovenia

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Book Series: Law & Society ISBN: 9789616842587 Year: Pages: 111 DOI: 10.4335/978-961-6842-58-7 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:06:15
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Under the Article 22 of the Slovenian Constitution the right to equal protection of rights guarantees the right to state the facts and submit evidence, the right to be present at the taking of evidence and to be informed on the results of the taking of evidence. The principle of free assessment is a fundamental principle in Slovenian civil procedure included in Article 8 of the CPA. In the system of free assessment the judge is the one to evaluate the evidence without being bound by any formal rules on probative value of certain evidence. Probative value depends only on individual belief or conviction of the trial judge in each matter separately. The free assessment of evidence is the right and duty of the court to assess each piece of evidence separately and collectively. In the evidence-taking stage the CPA includes the special rules for each type of evidence, meant as a minimum guarantee for the right free assessment of the taken evidence and the free assessment of evidence presupposes that the evidence were taken by this rules. Even though, court decides which evidence will be produced for determination of the ultimate facts, the court is bound by the parties’ right to propose evidence – with their procedural burden of proof. If the court rejects the proposal of a certain piece of evidence this rejections must be explained. In the following book the author discusses the key principles of the law of evidence in Slovenian civil procedure. The book provides analysis of the law of evidence, while placing the subject within its theoretical context. The subject is presented in a logical structure following on from the introduction of the basic principles through the rules for burden of proof, types of evidence, costs of evidence, the question of unlawful evidence, and the cross-border taking of evidence.

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