01048nam 22003613 450 991013049050332120100201000000.088-8101-544-7(CKB)3400000000020334(ItFiC)it 02415072(EXLCZ)99340000000002033420101102d2009 uy 0itaCorpo e parola studi sul linguaggio e l'espressione /Santi Lo GiudiceCosenza L. Pellegrini[2009]166 p. ;21 cmFilosofia teoretica ;7Collection of 4 already publ. essays, 1 now revised.S. Lo Giudice, professor at the University of Messina.Includes bibliographical references.Corpo e parola 128180220616190Lo Giudice Santi1946-488879ItFiCItFiCBOOK9910130490503321Corpo e parola2436498UNINA03969 am 22007213u 450 991013151920332120230621140721.09789616842488(ebook)(CKB)3710000000499600(SSID)ssj0001680315(PQKBManifestationID)16496355(PQKBTitleCode)TC0001680315(PQKBWorkID)15028430(PQKB)10615364(WaSeSS)IndRDA00057835(oapen)https://directory.doabooks.org/handle/20.500.12854/26774(EXLCZ)99371000000049960020160829d2015 uy |engurm|#---|||||txtrdacontentcrdamediacrrdacarrierEvidence in civil law France /Martin OudinInstitute for Local Self-Government and Public Procurement Maribor2015Slovenia :Institute for Local Self Government and Public Procurement Maribor,20151 online resource (ii, 55 pages)Law & SocietyBibliographic Level Mode of Issuance: MonographIncludes bibliographical references.The French Law of evidence is at the crossroad between procedural law and civil law. As part of the procedural law, it is governed by general principles set out by the Code de procédure civile, such as the contradictory principle, the principle of public hearing or the free disposition principle, which means that the parties define the framework of the proceeding and that the judge cannot base his decision on facts that were not put forward by the parties themselves. It is also the Code de procédure civile that organises the respective roles of the judge and the parties for the taking of evidence: since 1976, it imposes a – rather complex – balance between adversarial and inquisitorial principles. Other general principles were set by case law, e.g. the principle that no one can pre-constitute evidence in his own favour or the principle of fair evidence. On the other hand, more substantive rules are to be found in the Code civil. These rules mix two systems, the system of the preuve morale, applicable in some specific litigation, and the system of the preuve légale, which is clearly dominant in civil litigation. In the first system, evidence is in principle free, which means not only that any mode of proof is admissible, but also that assessment of evidence by the judges is free. In the second one, only determined means of evidence are admissible and their probative force is often set out by law. A majority of evidence rules derive more or less directly from this summa divisio. In fact, the predominance of the preuve légale system has made the French system of evidence rather rigid, in particular regarding the exaggerated importance of written evidence.Law & society.Law - Europe, except U.KHILCCLaw - Non-U.SHILCCLaw, Politics & GovernmentHILCCinquisitorial principleburden of proofwritten evidencefree disposition principleadversarial principleiura novit curiatestimonial evidenceoralityfair evidencecontradictory principlestandard of proofCivil procedureCourt of Cassation (France)FranceLaw of FranceLetters rogatoryLexisNexisNapoleonic CodeRelevance (law)Law - Europe, except U.K.Law - Non-U.S.Law, Politics & GovernmentOudin Martin977415PQKBUkMaJRU9910131519203321Evidence in civil law2226520UNINA