Evidence in Civil Law - France (Record no. 54866)

MARC details
000 -LEADER
fixed length control field 03638naaaa2200493uu 4500
001 - CONTROL NUMBER
control field https://directory.doabooks.org/handle/20.500.12854/26774
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number 978-961-6842-48-8
024 7# - OTHER STANDARD IDENTIFIER
Standard number or code 10.4335/978-961-6842-48-8
Terms of availability doi
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title English
042 ## - AUTHENTICATION CODE
Authentication code dc
072 #7 - SUBJECT CATEGORY CODE
Subject category code JPH
Source bicssc
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Oudin, Martin
Relationship auth
245 10 - TITLE STATEMENT
Title Evidence in Civil Law - France
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Name of publisher, distributor, etc. Institute for Local Self-Government and Public Procurement Maribor
Date of publication, distribution, etc. 2015
300 ## - PHYSICAL DESCRIPTION
Extent 1 electronic resource (55 p.)
506 0# - RESTRICTIONS ON ACCESS NOTE
Terms governing access Open Access
Source of term star
Standardized terminology for access restriction Unrestricted online access
520 ## - SUMMARY, ETC.
Summary, etc. 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.
540 ## - TERMS GOVERNING USE AND REPRODUCTION NOTE
Terms governing use and reproduction Creative Commons
Use and reproduction rights https://creativecommons.org/licenses/by/2.0/
Source of term cc
-- https://creativecommons.org/licenses/by/2.0/
546 ## - LANGUAGE NOTE
Language note English
650 #7 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Political structure & processes
Source of heading or term bicssc
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term inquisitorial principle
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term burden of proof
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term written evidence
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Uncontrolled term free disposition principle
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term adversarial principle
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term iura novit curia
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term testimonial evidence
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term orality
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term fair evidence
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term contradictory principle
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term standard of proof
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Civil procedure
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Court of Cassation (France)
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Uncontrolled term France
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Uncontrolled term Law of France
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Uncontrolled term Letters rogatory
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Uncontrolled term LexisNexis
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Napoleonic Code
653 ## - INDEX TERM--UNCONTROLLED
Uncontrolled term Relevance (law)
856 40 - ELECTRONIC LOCATION AND ACCESS
Host name www.oapen.org
Uniform Resource Identifier <a href="https://library.oapen.org/bitstream/20.500.12657/31999/1/620432.pdf">https://library.oapen.org/bitstream/20.500.12657/31999/1/620432.pdf</a>
Access status 0
Public note DOAB: download the publication
856 40 - ELECTRONIC LOCATION AND ACCESS
Host name www.oapen.org
Uniform Resource Identifier <a href="https://library.oapen.org/bitstream/20.500.12657/31999/1/620432.pdf">https://library.oapen.org/bitstream/20.500.12657/31999/1/620432.pdf</a>
Access status 0
Public note DOAB: download the publication
856 40 - ELECTRONIC LOCATION AND ACCESS
Host name www.oapen.org
Uniform Resource Identifier <a href="https://library.oapen.org/bitstream/20.500.12657/31999/1/620432.pdf">https://library.oapen.org/bitstream/20.500.12657/31999/1/620432.pdf</a>
Access status 0
Public note DOAB: download the publication
856 40 - ELECTRONIC LOCATION AND ACCESS
Host name www.oapen.org
Uniform Resource Identifier <a href="https://directory.doabooks.org/handle/20.500.12854/26774">https://directory.doabooks.org/handle/20.500.12854/26774</a>
Access status 0
Public note DOAB: description of the publication

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