LEADER 03969 am 22007213u 450 001 9910131519203321 005 20230621140721.0 010 $a9789616842488$b(ebook) 035 $a(CKB)3710000000499600 035 $a(SSID)ssj0001680315 035 $a(PQKBManifestationID)16496355 035 $a(PQKBTitleCode)TC0001680315 035 $a(PQKBWorkID)15028430 035 $a(PQKB)10615364 035 $a(WaSeSS)IndRDA00057835 035 $a(oapen)https://directory.doabooks.org/handle/20.500.12854/26774 035 $a(EXLCZ)993710000000499600 100 $a20160829d2015 uy | 101 0 $aeng 135 $aurm|#---||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aEvidence in civil law $eFrance /$fMartin Oudin 210 $cInstitute for Local Self-Government and Public Procurement Maribor$d2015 210 31$aSlovenia :$cInstitute for Local Self Government and Public Procurement Maribor,$d2015 215 $a1 online resource (ii, 55 pages) 225 1 $aLaw & Society 300 $aBibliographic Level Mode of Issuance: Monograph 320 $aIncludes bibliographical references. 330 $aThe French Law of evidence is at the crossroad between procedural law and civil law. As part of the procedural law, it is governed by general principles set out by the Code de procédure civile, such as the contradictory principle, the principle of public hearing or the free disposition principle, which means that the parties define the framework of the proceeding and that the judge cannot base his decision on facts that were not put forward by the parties themselves. It is also the Code de procédure civile that organises the respective roles of the judge and the parties for the taking of evidence: since 1976, it imposes a ? rather complex ? balance between adversarial and inquisitorial principles. Other general principles were set by case law, e.g. the principle that no one can pre-constitute evidence in his own favour or the principle of fair evidence. On the other hand, more substantive rules are to be found in the Code civil. These rules mix two systems, the system of the preuve morale, applicable in some specific litigation, and the system of the preuve légale, which is clearly dominant in civil litigation. In the first system, evidence is in principle free, which means not only that any mode of proof is admissible, but also that assessment of evidence by the judges is free. In the second one, only determined means of evidence are admissible and their probative force is often set out by law. A majority of evidence rules derive more or less directly from this summa divisio. In fact, the predominance of the preuve légale system has made the French system of evidence rather rigid, in particular regarding the exaggerated importance of written evidence. 410 0$aLaw & society. 606 $aLaw - Europe, except U.K$2HILCC 606 $aLaw - Non-U.S$2HILCC 606 $aLaw, Politics & Government$2HILCC 610 $ainquisitorial principle 610 $aburden of proof 610 $awritten evidence 610 $afree disposition principle 610 $aadversarial principle 610 $aiura novit curia 610 $atestimonial evidence 610 $aorality 610 $afair evidence 610 $acontradictory principle 610 $astandard of proof 610 $aCivil procedure 610 $aCourt of Cassation (France) 610 $aFrance 610 $aLaw of France 610 $aLetters rogatory 610 $aLexisNexis 610 $aNapoleonic Code 610 $aRelevance (law) 615 7$aLaw - Europe, except U.K. 615 7$aLaw - Non-U.S. 615 7$aLaw, Politics & Government 700 $aOudin$b Martin$0977415 801 0$bPQKB 801 2$bUkMaJRU 912 $a9910131519203321 996 $aEvidence in civil law$92226520 997 $aUNINA