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Resultado: 342 registro(s)

10260

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European E-Democracy in Practice

 

1st ed. Springer International Publishing, 2020.

Título de la serie/colección: Studies in Digital Politics and Governance. ISSN 2524-3926,

ISBNs 978-3-030-27183-1 978-3-030-27184-8

Colección: SpringerLink

Licencia de uso: The Editor(s) (if applicable) and The Author(s)


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24016

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Evidence in Civil Law - Austria

 

Institute for Local Self-Government and Public Procurement Maribor, 2015.

ISBNs 9789616842440

Colección: Directory of Open Access Books

Resumen (en inglés): 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.


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24017

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Evidence in Civil Law - Croatia

 

Institute for Local Self-Government and Public Procurement Maribor, 2015.

ISBNs 9789616842402

Colección: Directory of Open Access Books

Resumen (en inglés): 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.


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24018

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Evidence in Civil Law - Cyprus

 

Institute for Local Self-Government and Public Procurement Maribor, 2015.

ISBNs 9789616842457

Colección: Directory of Open Access Books

Resumen (en inglés): 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.


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24019

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Evidence in Civil Law - Denmark

 

Institute for Local Self-Government and Public Procurement Maribor, 2015.

ISBNs 9789616842464

Colección: Directory of Open Access Books

Resumen (en inglés): 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.


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24020

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Evidence in Civil Law - Estonia

 

Institute for Local Self-Government and Public Procurement Maribor, 2015.

ISBNs 9789616842396

Colección: Directory of Open Access Books

Resumen (en inglés): 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.


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24021

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Evidence in Civil Law - Finland

 

Institute for Local Self-Government and Public Procurement Maribor, 2015.

ISBNs 9789616842471

Colección: Directory of Open Access Books

Resumen (en inglés): 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.


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24022

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Evidence in Civil Law - France

 

Institute for Local Self-Government and Public Procurement Maribor, 2015.

ISBNs 9789616842488

Colección: Directory of Open Access Books

Resumen (en inglés): 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.


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24023

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Evidence in Civil Law - Germany

 

Institute for Local Self-Government and Public Procurement Maribor, 2015.

ISBNs 9789616842495

Colección: Directory of Open Access Books

Resumen (en inglés): 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.


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24024

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Evidence in Civil Law - Greece

 

Institute for Local Self-Government and Public Procurement Maribor, 2015.

ISBNs 9789616842501

Colección: Directory of Open Access Books

Resumen (en inglés): 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.


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