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oapen-20.500.12657-580422022-08-25T03:12:04Z Der Anscheinsbeweis im schweizerischen Zivilprozess Mettler, Christoph prima facie evidence, law of evidence, evidence of causality, principle of experience, factual presumption, assessment of evidence, life experience, standard of proof, burden of proof, res ipsa loquitur bic Book Industry Communication::L Law This paper is devoted to a special form of "proving" in civil proceedings. The prima facie evidence is about proving a causal connection with life experience and common knowledge. The term "prima facie evidence" appears repeatedly in Swiss literature and case law, but what is meant by it often remains unclear. This paper addresses the open questions about prima facie evidence in Swiss civil procedure: It examines (1) what is meant by it, (2) what exactly is proved by it, (3) how the court forms its conviction, (4) how prima facie evidence is to be classified in the structure of burden of proof, standard of proof, and evaluation of evidence, and (5) what are the consequences for civil procedure. 2022-08-24T08:00:54Z 2022-08-24T08:00:54Z 2022 book https://library.oapen.org/handle/20.500.12657/58042 ger application/pdf Attribution 4.0 International oa_pdf-030-1659697078.pdf https://suigeneris-verlag.ch/ sui generis Verlag 10.38107/030 10.38107/030 e1c5bb0b-7471-4055-a88a-1542e5f2d4f6 260 Zurich open access
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OAPEN
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ger
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This paper is devoted to a special form of "proving" in civil proceedings. The prima facie evidence is about proving a causal connection with life experience and common knowledge. The term "prima facie evidence" appears repeatedly in Swiss literature and case law, but what is meant by it often remains unclear. This paper addresses the open questions about prima facie evidence in Swiss civil procedure: It examines (1) what is meant by it, (2) what exactly is proved by it, (3) how the court forms its conviction, (4) how prima facie evidence is to be classified in the structure of burden of proof, standard of proof, and evaluation of evidence, and (5) what are the consequences for civil procedure.
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oa_pdf-030-1659697078.pdf
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oa_pdf-030-1659697078.pdf
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oa_pdf-030-1659697078.pdf
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oa_pdf-030-1659697078.pdf
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oa_pdf-030-1659697078.pdf
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oa_pdf-030-1659697078.pdf
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oa_pdf-030-1659697078.pdf
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| publisher |
sui generis Verlag
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| publishDate |
2022
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https://suigeneris-verlag.ch/
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1771297479873003520
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