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  • Letters rogatory  (15)
  • bic Book Industry Communication::J Society & social sciences::JP Politics & government
  • Institute for Local Self-Government and Public Procurement Maribor  (16)
  • 1
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    Evidence in Civil Law - Germany (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: german civil procedure ; fundamental principles ; Burden of proof (law) ; Federal Court of Justice ; Letters rogatory ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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    Evidence in Civil Law - Romania (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: civil procedure ; rules of evidence ; means of evidence ; fundamental principles ; Adverse party ; Appellate court ; Lawsuit ; Letters rogatory ; Romania ; Romanian language ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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  • 3
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    Evidence in Civil Law - Poland (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: The text presents legal issues concerning evidence and evidence taking in Polish civil proceedings. General principles of Polish civil proceedings are discussed, as well as the principles concerning evidence. The evolution of Polish proceedings is obvious: it is getting more and more formal. The provisions about preclusion are presented in this context and the contradictory model of the proceedings is expressed strongly. There are some doubts if the evolution of Polish Code of Civil Proceedings goes in right direction. The problem of possible adoption of pre-trial regulations is also mentioned.
    Keywords: document ; polish civil proceedings ; witnesses ; evidence ; pre-trial ; Appellate court ; Communist Party of China ; Expert witness ; Law of Poland ; Letters rogatory ; Perjury ; Poland ; Turek ; Poland ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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  • 4
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    Evidence in Civil Law - Portugal (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: The following text deals with the general principles and legal rules regarding evidence and evidence taking in the Portuguese legal system. Based on the rules foreseen in legal texts, as well as court decisions and national literature, the authors approach the general theory behind the current rules and notions in force while also referencing the specifications of the means of proof in use in legal practice.
    Keywords: civil procedure ; burden of proof ; expert witnessess ; unlawful evidence ; probative value ; means of evidence ; witnessess ; parties ; taking of evidence ; Defendant ; Law of Portugal ; Letters rogatory ; Plaintiff ; Politics of Portugal ; Relevance (law) ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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  • 5
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    Pravne razsežnosti prepovedi nadlegovanja (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: Book, written in Slovene, discusses the legal content and scope of the concept of discriminatory harassment, which is deemed to be an unlawful discrimination under modern EU non-discrimination law, in the context of implementation of provisions of relevant EU directives in legal systems of the United Kingdom and Ireland. the two most important EU non-discrimination directives, adopted under Article 13 of the Treaty Establishing the European Community (now Article 19 of the treaty on the Functioning of the European union) - Racial Equality Directive (Directive 2000/43/EC) and Employment Framework Directive (Directive 2000/78/EC) - explicity mention harassment as prohibited form of discrimination. Legal definitions contained in these two directives define harassment as discriminationdiscrimination itself. Prior to the transposition of the EU non-discrimination directives into their laws, while few member states tackled this issue either within the context of the law on equal treatment (e.g. Denmark, the United Kingdom and Ireland) or outside this context (e.g. France), that is in the framework of criminal, civil, health and safety or employment legislation. As a result of the implementation of relevant provisions of the two main non-discrimination directives (Directives 200/43/EC and 200/78/EC) a definition of harassment has been included in legislations of all EU member states. In most member states such legislative definition is a literal copy of the definition of harrasment that can be found in the Directives 2000/43/EC and 2000/78/EC. The approach to the definition of harassment that appears to be the most "generous" from the perspective of victims of discriminatory harrasment is the one that was taken by British legislator. Such legal position in respect of the prohibition of discrimination has been developed in British case law and is based on the extensive interpretation of non-discrimination laws.
    Keywords: prohibition of harassment ; employment legislation ; discrimination ; discriminatory harassment ; bic Book Industry Communication::J Society & social sciences::JP Politics & government ; thema EDItEUR::J Society and Social Sciences::JP Politics and government
    Language: Slovenian
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  • 6
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    Evidence in Civil Law - France (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: inquisitorial principle ; burden of proof ; written evidence ; free disposition principle ; adversarial principle ; iura novit curia ; testimonial evidence ; orality ; fair evidence ; contradictory principle ; standard of proof ; Civil procedure ; Court of Cassation (France) ; France ; Law of France ; Letters rogatory ; LexisNexis ; Napoleonic Code ; Relevance (law) ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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    Evidence in Civil Law - Denmark (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: civil procedure ; due process ; fair trial ; free assessment ; access to justice ; law of evidence ; procedural law ; Burden of proof (law) ; Case law ; Criminal procedure ; Danelaw ; Denmark ; Expert witness ; Letters rogatory ; Oral stage ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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  • 8
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    Evidence in Civil Law - Slovakia (2021)
    Institute for Local Self-Government and Public Procurement Maribor
    Details
    Publication Date: 2024-03-29
    Description: 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.
    Keywords: civil procedure ; burden of proof ; principles of civil procedure ; free assessment of evidence ; kinds of evidence ; taking of evidence ; Adversarial system ; Defendant ; Expert witness ; Letters rogatory ; Slovakia ; Videotelephony ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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  • 9
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    Evidence in Civil Law - Austria (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: This report outlines the rules on the taking and using of evidence in Austrian civil procedure law. On the basis of principles such as the free disposition of parties, the attenuated inquisitorial principle or the principles of orality and directness, the judge and the parties form a “working group” when investigating the matter in dispute. The Austrian concept of an active judge, however, goes along with the judge’s duty to do case-management and especially to induce a truthful fact-finding using judicial discretion. While only five means of proof (documents, witnesses, expert opinions, evidence by inspection and the examination of parties) are explicitly listed the Austrian civil procedure code, there is no numerus clausus regarding the means of evidence. Evidence may be freely assessed by the judge.
    Keywords: burden of proof ; witness evidence ; principles of taking evidence ; evidence by inspection ; expert opinions ; general principles of civil procedure ; examination of parties ; unlawful evidence ; documentary evidence ; taking evidence in civil procedure ; Counterparty ; Legal remedy ; Letters rogatory ; Trial court ; Videotelephony ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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  • 10
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    Evidence in Civil Law - Latvia (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: burden of proof ; adversarial principle ; free assessment of evidence ; iura novit curia ; principle of free disposition ; hearing fo both parties ; means of proof ; relevance of material truth ; legal presumptions ; evidence ; balance of probability ; public hearing ; Adjudication ; Civil procedure ; Defendant ; Documentary evidence ; Electronic document ; Latvia ; Latvians ; Letters rogatory ; Plaintiff ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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    Evidence in Civil Law - Croatia (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: burden of proof ; written evidence ; gathering of evidence ; fundamental principles of civil procedure ; unlawful evidence ; croatia ; witnessess ; evidence ; council regulation (ec) no. 1206/2001 ; costs ; language ; Appellate court ; Letters rogatory ; Socialist Federal Republic of Yugoslavia ; United States Court of Customs and Patent Appeals ; Videotelephony ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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    Evidence in Civil Law - Estonia (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: civil procedure ; gathering of evidence ; international civil procedure ; private international law ; estonia ; procedural costs ; Communist Party of China ; Defendant ; Digital signature ; Judiciary of Russia ; Lawsuit ; Letters rogatory ; Plaintiff ; Supreme court ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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    Evidence in Civil Law - Slovenia (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: burden of proof ; cross border taking of evidence ; slovenia ; evidence taking ; regulation no 1208/2001 on taking evidence ; means of evidence ; civil procedure law ; law of evidence ; fundamental principles ; Defendant ; Expert witness ; Letters rogatory ; Plaintiff ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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    Evidence in Civil Law - Sweden (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: civil procedure ; burden of proof ; written evidence ; fundamental priniciples ; sweden ; witnessess ; evidence ; Appellate court ; Basic Laws of Sweden ; Collateral estoppel ; Expert witness ; Legal doctrine ; Letters rogatory ; Settlement (litigation) ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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    Evidence in Civil Law - Spain (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2024-03-29
    Description: 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.
    Keywords: civil procedure ; spain ; ordinary proceedings ; means of proof ; fundamental principles of the procedure ; evidence ; oral trials ; Defendant ; Expert witness ; Hague Conventions of 1899 and 1907 ; Legal doctrine ; Letters rogatory ; Plaintiff ; Preliminary hearing ; thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
    Language: English
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    Evidence in Civil Law - Hungary (2021)
    Institute for Local Self-Government and Public Procurement Maribor
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    Publication Date: 2022-05-12
    Description: 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.
    Keywords: cross-border cases ; principles ; hungary ; judicial cooperation ; evidence ; civil procedure law ; Burden of proof (law) ; Defendant ; Kengyel ; Lawsuit ; Letters rogatory ; Relevance (law) ; bic Book Industry Communication::J Society & social sciences::JP Politics & government::JPH Political structure & processes
    Language: English
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