Evidence in Civil Law - Slovenia
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...
Saved in:
| 主要作者: | |
|---|---|
| 格式: | Online |
| 語言: | 英语 |
| 出版: |
Institute for Local Self-Government and Public Procurement Maribor
2021
|
| 主題: | |
| 在線閱讀: | 620439 |
| 標簽: |
沒有標簽, 成為第一個標記此記錄!
|
| _version_ | 1869530406333710336 |
|---|---|
| author | Ivanc, Tjaša |
| author_browse | Ivanc, Tjaša |
| author_facet | Ivanc, Tjaša |
| author_sort | Ivanc, Tjaša |
| collection | Directory of Open Access Books |
| 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. |
| format | Online |
| id | doab-20.500.12854ir-39209 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Institute for Local Self-Government and Public Procurement Maribor |
| publisherStr | Institute for Local Self-Government and Public Procurement Maribor |
| record_format | ojs |
| spelling | doab-20.500.12854ir-392092025-02-13T01:31:40Z Evidence in Civil Law - Slovenia Ivanc, Tjaša 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 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. 2021-02-10T12:58:18Z 2016-11-29 00:00:00 2020-04-01T13:55:59Z 2015 book 620439 OCN: 945783057 http://library.oapen.org/handle/20.500.12657/31993 9789616842587 https://directory.doabooks.org/handle/20.500.12854/39209 eng Law & Society open access image/jpeg image/jpeg image/jpeg image/jpeg image/jpeg n/a n/a n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/31993/1/620439.pdf https://library.oapen.org/bitstream/20.500.12657/31993/1/620439.pdf https://library.oapen.org/bitstream/20.500.12657/31993/1/620439.pdf https://library.oapen.org/bitstream/20.500.12657/31993/1/620439.pdf https://library.oapen.org/bitstream/20.500.12657/31993/1/620439.pdf Institute for Local Self-Government and Public Procurement Maribor 10.4335/978-961-6842-58-7 10.4335/978-961-6842-58-7 695bceb8-a344-4c20-81d1-79c7b06d1de1 9789616842587 111 open access |
| spellingShingle | 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 Ivanc, Tjaša Evidence in Civil Law - Slovenia |
| title | Evidence in Civil Law - Slovenia |
| title_full | Evidence in Civil Law - Slovenia |
| title_fullStr | Evidence in Civil Law - Slovenia |
| title_full_unstemmed | Evidence in Civil Law - Slovenia |
| title_short | Evidence in Civil Law - Slovenia |
| title_sort | evidence in civil law slovenia |
| topic | 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 |
| topic_facet | 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 |
| url | 620439 |
| work_keys_str_mv | AT ivanctjasa evidenceincivillawslovenia |