| id |
oapen-20.500.12657-32001
|
| record_format |
dspace
|
| spelling |
oapen-20.500.12657-320012022-04-26T11:19:32Z Evidence in Civil Law - Austria Nunner-Krautgasser, Bettina Anzenberger, Philipp burden of proof witness evidence principles of taking evidence evidence by inspection expert opinions general principles of civil procedure examination of parties unlawful evidence documentary evidence taking evidence in civil procedure Counterparty Legal remedy Letters rogatory Trial court Videotelephony bic Book Industry Communication::J Society & social sciences::JP Politics & government::JPH Political structure & processes This report outlines the rules on the taking and using of evidence in Austrian civil procedure law. On the basis of principles such as the free disposition of parties, the attenuated inquisitorial principle or the principles of orality and directness, the judge and the parties form a “working group” when investigating the matter in dispute. The Austrian concept of an active judge, however, goes along with the judge’s duty to do case-management and especially to induce a truthful fact-finding using judicial discretion. While only five means of proof (documents, witnesses, expert opinions, evidence by inspection and the examination of parties) are explicitly listed the Austrian civil procedure code, there is no numerus clausus regarding the means of evidence. Evidence may be freely assessed by the judge. 2016-11-29 00:00:00 2020-04-01T13:56:06Z 2020-04-01T13:56:06Z 2015 book 620430 OCN: 945783096 9789616842440 http://library.oapen.org/handle/20.500.12657/32001 eng Law & Society application/pdf n/a 620430.pdf Institute for Local Self-Government and Public Procurement Maribor 10.4335/978-961-6842-44-0 10.4335/978-961-6842-44-0 cfc0db17-9c85-40be-996a-12c7cc16b807 9789616842440 59 open access
|
| institution |
OAPEN
|
| collection |
DSpace
|
| language |
English
|
| description |
This report outlines the rules on the taking and using of evidence in Austrian civil procedure law. On the basis of principles such as the free disposition of parties, the attenuated inquisitorial principle or the principles of orality and directness, the judge and the parties form a “working group” when investigating the matter in dispute. The Austrian concept of an active judge, however, goes along with the judge’s duty to do case-management and especially to induce a truthful fact-finding using judicial discretion. While only five means of proof (documents, witnesses, expert opinions, evidence by inspection and the examination of parties) are explicitly listed the Austrian civil procedure code, there is no numerus clausus regarding the means of evidence. Evidence may be freely assessed by the judge.
|
| title |
620430.pdf
|
| spellingShingle |
620430.pdf
|
| title_short |
620430.pdf
|
| title_full |
620430.pdf
|
| title_fullStr |
620430.pdf
|
| title_full_unstemmed |
620430.pdf
|
| title_sort |
620430.pdf
|
| publisher |
Institute for Local Self-Government and Public Procurement Maribor
|
| publishDate |
2016
|
| _version_ |
1771297407445762048
|
