Evidence in Civil Law - Denmark
eBook - PDF

Evidence in Civil Law - Denmark

  1. 42 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Evidence in Civil Law - Denmark

About this book

Danish civil procedure is based on a number of procedural law principles that affect the taking of evidence, including the principle of party presentation, the principle of disposition, and the principle of free assessment of evidence. The nature of Danish procedural law tends towards the adversarial model rather than the inquisitorial model. Evidence is taken during the hearing and the principle of directness applies to the procedure. Danish civil procedure is governed by the 1916 Administration of Justice Act, which was originally strongly influenced by German law. The role of the judge is to lead the process and also to intervene in proceedings when uncertainty exists, rather than just to facilitate the process by ensuring the parties abide by the laws of civil procedure.

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Table of contents

  1. Evidence in Civil Law – Denmark by Frederik Waage & Michael Herborn
  2. Abstract
  3. Keywords
  4. Frederik Waage Michael Herborn: Author Biography
  5. Michael Herborn: Author Biography
  6. Preface
  7. Contents
  8. Part I
  9. 1 Introduction
  10. 2 Fundamental Principles of Civil Procedure
  11. 2.1 Party Presentation Principle and Principle of Investigation
  12. 2.2 Principle of Free Disposition
  13. 2.3 Principle of Concentration
  14. 2.4 No Inquisitorial Procedure in Danish Law
  15. 2.5 The Role of the Judge
  16. 2.6 The Contradictory Principle
  17. 2.7 Principles of Evidence Taking
  18. 2.8 Principles that Guides the Judge in the Taking of Evidence
  19. 2.9 The Contradictory Principle
  20. 2.10 Failure to Appear Before the Court
  21. 2.11 Principle of Right to Oral Stage
  22. 2.12 Principle of Directness
  23. 2.13 Principle of Public Hearing
  24. 3 General Principles of Evidence Taking
  25. 3.1 Free Assessment of Evidence
  26. 3.2 The Principles of Material and Formal Truth
  27. 3.3 Discovery
  28. 3.4 The Right to Put Forward New Facts and Evidence (ius novorum)
  29. 4 Evidence in General
  30. 4.1 Interrogation of a Party
  31. 4.2 Duty to Speak the (Full) Truth
  32. 4.3 Burden of Proof
  33. 4.4 Iura novit curia
  34. 4.5 Re-opening of the Pre-trial Procedure
  35. 4.6 Written Evidence
  36. 4.7 Electronic Communication
  37. 5 General Rule on the Burden of Proof
  38. 5.1 Duty to be a Witness
  39. 5.2 Related Persons
  40. 5.3 Procedure as to Witnesses
  41. 5.4 Obtaining Evidence from Witnesses
  42. 5.5 Written and Oral Statements
  43. 5.6 Taking of Evidence
  44. 5.7 Identification of Evidence
  45. 5.8 Procedure for Video Communication
  46. 5.9 Expert Witnesses
  47. 6 Costs and Language
  48. 6.1 Use of Interpreters
  49. 7 Unlawful Evidence
  50. 7.1 The Principle of Free Evidence
  51. Part II – Synoptical Presentation
  52. 1 Synoptic Tables
  53. 1.1 Ordinary/Common Civil Procedure Timeline
  54. 1.2 Basics about Legal Interpretation in Denmark Legal System
  55. 1.3 Functional Comparison
  56. References

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