You have no items in your shopping cart.

Dimensions of Evidence in European Civil Procedure

Dimensions of Evidence in European Civil Procedure

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041166623
  • Published In: December 2015
  • Format: Hardback , 448 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,030.00

HKD 1,969.10 Save HKD 60.90 (3%)

Delivery Time: around 2 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
OR
  • Description 
  • Contents 
  • Details

    Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categoriszation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered ‘evidence’ in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings.

    Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following.

     

    • judicial cooperation in cross-border cases;
    • judges’ case management powers regarding evidence;
    • means of evidence;
    • extent of influence of traditional principles and evidentiary rules on electronic evidence;
    • application of communication technology in cross-border proceedings;
    • legal costs;
    • language;
    • inadmissible evidence; and
    • instances in which a court can refuse a request for evidence.

    The authors offer well-grounded recommendations on requested judge’s entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more.

    Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

  • Editors.

    Contributors.

    Preface.

    Introduction Vesna Rijavec.

    CHAPTER 1 Evidence Law in an International Context: The Principles of Transnational Civil Procedure C.H. van Rhee.

    CHAPTER 2 Evidence in European Civil Procedure Robert Turner.

    CHAPTER 3 Fundamental Principles of Taking Evidence in Civil Procedure.

    CHAPTER 3A The Right to Be Heard in the Taking of EvidenceLojze Ude & Matija Damjan.

    CHAPTER 3B The Principles of Oral and Written PresentationWalter H. Rechberger.

    CHAPTER 3C Direct Evidence and the Review of the Trial Court’s Findings of Fact by an Appellate Court: The Austrian Example Wolfgang Jelinek.

    CHAPTER 3D Assessment of Evidence Jorg Sladič & Alan Uzelac.

    CHAPTER 3E The Judge’s Case Management Powers regarding Evidence Christian Wolf & Nicola Zeibig.

    CHAPTER 4 Means of Proof 149.

    CHAPTER 4A Witness Testimony Darius Bolzanas & Egidija Tamošiūnienė .

    CHAPTER 4B Experts Stefaan Voet.

    CHAPTER 5 Inadmissible Evidence: Illegally Obtained Evidence and the Limits of the Judicial Establishment of the Truth Bettina Nunner-Krautgasser & Philipp Anzenberger.

    CHAPTER 6 Other Issues.

    CHAPTER 6A Legal Costs: An Obstacle for Effective Dispute Resolution in Europe? Riikka Koulu.

    CHAPTER 6B Language Obstacles in the Search for Effective and Fair Fact-Finding Katja Drnovšek.

    CHAPTER 6C Theoretical Background of Using Information Technology in Evidence Taking Tjaša Ivanc.

    CHAPTER 6D Prevention from Destruction of Relevant Evidence in Cross-Border Cases Noémia Bessa Vilela & Marco Ribeiro Henriques.

    CHAPTER 7 Common Core After All? Tomaž Keresteš & José Caramelo Gomes .

    CHAPTER 8 Assessment of Evidence Regulation Vesna Rijavec & Aleš Galič .

    APPENDIX Cross-Border Taking of Evidence: European Case Studies.

    Table of Legal Sources: EU.

    Index.

You may also be interested in these books:

Company Law in Hong Kong: Practice and Procedure 2020
Company Law in Hong Kong: Practice and Procedure 2020

List Price: HKD 3,200.00

HKD 3,104.00 Save HKD 96.00 (3%)

Butterworths Hong Kong Insurance Law Handbook
Butterworths Hong Kong Insurance Law Handbook

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

Hong Kong Company Law Cases
Hong Kong Company Law Cases

List Price: HKD 36,000.00

HKD 32,400.00 Save HKD 3,600.00 (10%)

Hong Kong Company Law Online
Hong Kong Company Law Online

List Price: HKD 20,000.00

HKD 19,400.00 Save HKD 600.00 (3%)

Sentencing in Hong Kong, 9th Edition
Sentencing in Hong Kong, 9th Edition

List Price: HKD 2,800.00

HKD 2,716.00 Save HKD 84.00 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: HKD 492.00

HKD 477.24 Save HKD 14.76 (3%)

Butterworths Hong Kong Company Law Handbook, 22nd Edition
Butterworths Hong Kong Company Law Handbook, 22nd Edition

List Price: HKD 3,500.00

HKD 2,450.00 Save HKD 1,050.00 (30%)

Butterworths Hong Kong Securities Law Handbook, 6th Edition
Butterworths Hong Kong Securities Law Handbook, 6th Edition

List Price: HKD 3,500.00

HKD 3,395.00 Save HKD 105.00 (3%)

Hong Kong Law of Evidence
Hong Kong Law of Evidence

List Price: HKD 1,680.00

HKD 1,629.60 Save HKD 50.40 (3%)

Hong Kong Directors' Manual, 4th Edition
Hong Kong Directors' Manual, 4th Edition

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

Employment Law and Practice in Hong Kong, 2nd Edition
Employment Law and Practice in Hong Kong, 2nd Edition

List Price: HKD 4,701.00

HKD 4,559.97 Save HKD 141.03 (3%)

Company Law in Hong Kong: Insolvency 2020
Company Law in Hong Kong: Insolvency 2020

List Price: HKD 3,200.00

HKD 3,104.00 Save HKD 96.00 (3%)

Hong Kong Criminal Procedure
Hong Kong Criminal Procedure

List Price: HKD 1,680.00

HKD 1,629.60 Save HKD 50.40 (3%)

Personal Injury Tables Hong Kong 2019
Personal Injury Tables Hong Kong 2019

List Price: HKD 1,250.00

HKD 1,212.50 Save HKD 37.50 (3%)

Cross-Border Mergers and Acquisitions and Financing, 3rd Edition
Cross-Border Mergers and Acquisitions and Financing, 3rd Edition

List Price: HKD 1,650.00

HKD 1,600.50 Save HKD 49.50 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 4th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 4th Edition

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

Hong Kong Company Secretary's Practice Manual, 4th Edition
Hong Kong Company Secretary's Practice Manual, 4th Edition

List Price: HKD 999.00

HKD 969.03 Save HKD 29.97 (3%)

Hong Kong Employment Law: A Practical Guide, 5th Edition
Hong Kong Employment Law: A Practical Guide, 5th Edition

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

Hong Kong Company Secretary Checklist
Hong Kong Company Secretary Checklist

List Price: HKD 788.00

HKD 764.36 Save HKD 23.64 (3%)

The Hong Kong Company Secretary's Handbook: Practice and Procedure (10th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (10th Edition)

List Price: HKD 467.00

HKD 452.99 Save HKD 14.01 (3%)