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001 https://directory.doabooks.org/handle/20.500.12854/39209
020 _a978-961-6842-58-7
024 7 _a10.4335/978-961-6842-58-7
_cdoi
041 0 _aEnglish
042 _adc
072 7 _aJPH
_2bicssc
100 1 _aIvanc, Tjaša
_4auth
245 1 0 _aEvidence in Civil Law - Slovenia
260 _bInstitute for Local Self-Government and Public Procurement Maribor
_c2015
300 _a1 electronic resource (111 p.)
506 0 _aOpen Access
_2star
_fUnrestricted online access
520 _aUnder 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.
540 _aCreative Commons
_fhttps://creativecommons.org/licenses/by/2.0/
_2cc
_4https://creativecommons.org/licenses/by/2.0/
546 _aEnglish
650 7 _aPolitical structure & processes
_2bicssc
653 _aburden of proof
653 _across border taking of evidence
653 _aslovenia
653 _aevidence taking
653 _aregulation no 1208/2001 on taking evidence
653 _ameans of evidence
653 _acivil procedure law
653 _alaw of evidence
653 _afundamental principles
653 _aDefendant
653 _aExpert witness
653 _aLetters rogatory
653 _aPlaintiff
856 4 0 _awww.oapen.org
_uhttps://library.oapen.org/bitstream/20.500.12657/31993/1/620439.pdf
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_zDOAB: download the publication
856 4 0 _awww.oapen.org
_uhttps://library.oapen.org/bitstream/20.500.12657/31993/1/620439.pdf
_70
_zDOAB: download the publication
856 4 0 _awww.oapen.org
_uhttps://library.oapen.org/bitstream/20.500.12657/31993/1/620439.pdf
_70
_zDOAB: download the publication
856 4 0 _awww.oapen.org
_uhttps://directory.doabooks.org/handle/20.500.12854/39209
_70
_zDOAB: description of the publication
999 _c55399
_d55399