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Evidence in contemporary civil procedure : fundamental issues in a comparative perspective
Title
Evidence in contemporary civil procedure : fundamental issues in a comparative perspective / editors, C.H. van Rhee, A. Uzelac.
ISBN
9781780683386
1780683383
Publication
Cambridge : Intersentia Ltd., [2015]
Copyright Notice Date
©2015.
Physical Description
xv, 362 pages ; 24 cm.
Summary
Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. One generator of the reforms in the field of evidence-taking in recent decades has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective and efficient way is still one of the key challenges. The second reason that many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. As the balance between, on the one side, traditional human rights such as the right to privacy and due process is shifting towards, on the other side, the modern need for security, efficiency and quick access to justice, the perception of what is admissible or not in the context of evidence-taking is changing as well.
Format
Books
Language
English
Added to Catalog
December 18, 2015
Series
Ius Commune Europaeum ; 139.
Bibliography
Includes bibliographical references.
Contents
Evidence in civil procedure : the fundamentals in light of the 21st century / C.H. van Rhee & A. Uzelac
Evidence and the principle of proportionality : how to get rid of expensive and time-consuming evidence? / A. Uzelac
Disclosure of documents in civil procedure : the privilege against self-incrimination or a quest for procedural fairness and substantive justice / A. Galič
Preclusion of late allegations and evidence as a tool to increase the efficiency of civil proceedings in Poland : a short story of the ugly past and the way to a bright future / B. Karolczyk
The "right to proof" and the "loyalty principle" : a French perspective / E. Jeuland
Restrictions on the admissibility of evidence / V. Rijavec & T. Kereteš
Taking leniency documents as evidence in damages actions in cases of competition law infringement / M. Repas
Lost in translation? : language differences and their impact on evidence-taking in litigation / E. Silvestri
Evidence, information technology and principle of civil procedure : the Hungarian perspective / V. Harsági
The potential impact of electronic proceedings on traditional principles of civil procedure : the Slovenian experience / T. Ivanc
Witness testimony in Dutch civil procedure : facts, figures and statistical relations / F. Hoogers, F. Fernhout, H. Jans, R. Mertens & V. Poels
Curbing adversarial excesses : an evaluation of the expert evidence regime in Hong Kong after the civil justice reform (with a focused study on personal injury litigation) / P.C. Chan & U.-U. Rehman
The new rules of expert evidence in Macedonian civil procedure : are they a failed effort at reform? / T. Zoroska-Kamilova
Evidence : learning from arbitration / P. Oberhammer
Evidence in civil procedure in the Netherlands : tradition and modernity / C.H. van Rhee
Taking of evidence in Croatian appellate courts : why no fact-finding at second instance? / S. Ara Kramar
Evolution of the powers of the judge and powers of the parties regarding the taking of evidence in South Africa / D. van Loggerenberg
The 1970 Hague evidence convention, the European Union and the 2001 EU evidence regulation : interfaces / J. Valdhans & D. Sehnálek.
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