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Evidence in Civil Law - France

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Book Series: Law & Society ISBN: 9789616842488 Year: Pages: 55 DOI: 10.4335/978-961-6842-48-8 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 20:30:00
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Abstract

The French Law of evidence is at the crossroad between procedural law and civil law. As part of the procedural law, it is governed by general principles set out by the Code de procédure civile, such as the contradictory principle, the principle of public hearing or the free disposition principle, which means that the parties define the framework of the proceeding and that the judge cannot base his decision on facts that were not put forward by the parties themselves. It is also the Code de procédure civile that organises the respective roles of the judge and the parties for the taking of evidence: since 1976, it imposes a – rather complex – balance between adversarial and inquisitorial principles. Other general principles were set by case law, e.g. the principle that no one can pre-constitute evidence in his own favour or the principle of fair evidence. On the other hand, more substantive rules are to be found in the Code civil. These rules mix two systems, the system of the preuve morale, applicable in some specific litigation, and the system of the preuve légale, which is clearly dominant in civil litigation. In the first system, evidence is in principle free, which means not only that any mode of proof is admissible, but also that assessment of evidence by the judges is free. In the second one, only determined means of evidence are admissible and their probative force is often set out by law. A majority of evidence rules derive more or less directly from this summa divisio. In fact, the predominance of the preuve légale system has made the French system of evidence rather rigid, in particular regarding the exaggerated importance of written evidence.

Evidence in Civil Law - Latvia

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Book Series: Law & Society ISBN: 9789616842532 Year: Pages: 94 DOI: 10.4335/978-961-6842-53-2 Language: English
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 21:56:58
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The national report of civil procedure in Latvia is based on review of the Latvian Civil Procedure Law, court practice, feedback by the Ministry of Justice on cooperation with the EU states as well as with third countries in various matters of jurisdiction as well as on legal science. Civil procedure includes all legal principles like disposition, right to be present and to be heard, competition of parties in gaining all necessary evidence and similar concepts to be found in almost every modern civil procedure system. However, there are certain specific features due to which Latvian process stands out. For instance, there is still a system of legal presumptions which apparently is inherited from Roman law, yet still prescribed by the Latvian Civil law (Civil code). Also certain degree of formal attitude remains as a characteristic feature of the Latvian civil procedure.

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