Search results: Found 4

Listing 1 - 4 of 4
Sort by
Europäisches Zivilprozessrecht - Einfluss auf Deutschland und Ungarn

Authors: --- ---
Book Series: Göttinger Juristische Schriften ISBN: 9783863950170 Year: Pages: 280 DOI: 10.17875/gup2011-129 Language: German
Publisher: Universitätsverlag Göttingen
Subject: Law
Added to DOAB on : 2012-04-11 21:20:13
License:

Loading...
Export citation

Choose an application

Abstract

The Europeanisation of civil procedure has moved from slogan to reality. Nevertheless, the European Union does not have its own civil jurisdiction. Therefore the national codes of civil procedure are facing enormous challenges by the increasing access of the European legislator on the law of civil procedure. These challenges have been part of intensive discussions on several research conferences at the Georg-August- University Göttingen and the Eötvös-Lorand-University Budapest. They were focused on the interactions between European Law and the quite different traditions of national codes of civil procedure.

Evidence in Civil Law - Cyprus

Authors: ---
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
License:

Loading...
Export citation

Choose an application

Abstract

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 - Hungary

Author:
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
License:

Loading...
Export citation

Choose an application

Abstract

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 - Slovenia

Author:
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
License:

Loading...
Export citation

Choose an application

Abstract

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.

Listing 1 - 4 of 4
Sort by