Důkaz výslechem účastníka v civilním soudním řízení
Evidence reached in the process of interrogation of a participant in civil proceedings
Author(s): Josef MacurSubject(s): Civil Law
Published by: Masarykova univerzita nakladatelství
Keywords: Evidence;process of interrogation;civil proceedings;numerus clausus;expert opinions;testimony of a procedural party;
Summary/Abstract: In the foreign professional literature, it is often held that the civil judicial systems of developed countries contain a solid and small number of means that can be used to explain the facts in civil court proceedings. In this sense, the legislation on civil procedural law of these countries also lists and regulates in some detail the means of evidence which the legal system "allows" and which, in terms of their differentiation, defines the "numerus clausus" given by law. Witnesses (testimony of witnesses), experts (expert opinions), documents (content of documents), search and interrogation of participants (testimony of a procedural party) are then counted as such means of evidence. The possibility of using other means of proof is not mentioned in the laws or professional literature of many countries; at most, they distinguish between personal and factual evidence, but within the framework of evidence expressly admitted by law, which limits the possibilities of judicial evidence.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 9/2001
- Issue No: 4
- Page Range: 358-366
- Page Count: 9
- Language: Czech
