Evidence in Civil Law - Croatia

Slađana Aras Kramar

• Publisher: Lex Localis Press (Institute for Local Self-Government and Public Procurement Maribor)
• Year: 2015
• Topic: Politics & International Relations
• eBook ISBN:
  9789616842402
• Subtopic: Political Process
• Index: Politics & International Relations

This book portrays evidence and gathering of evidence under the current Croatian regulation relating to evidence and in practice. In this context, the author first analyses the fundamental principles of Croatian civil procedure and law of evidence. Then, the general principles of evidence and gathering of evidence are discussed, as well as the general rule on the burden of proof. The question of gathering of evidence through modern technology (videoconferencing, etc.) in the Croatian law and practice is also discussed. Separate parts of this book contain the analysis of means of proof regulated by the Croatian Civil Procedure Act: inspection of object ('view'), documents, witness testimony, expert testimony, and party testimony. The rules on costs caused by gathering of evidence, including the costs for translation are analysed, as well as the rules on language. The concepts of illegally obtained evidence and illegal evidence in the Croatian law and practice are discussed. This volume contains the report about the Council Regulation (EC) No 1206/2001 and the multilateral and bilateral legal assistance treaties to which Croatia is a party. There are several appendices to this book: a table of authorities according to the Regulation No 1206/2001, and relevant sources of Croatian civil procedure, table of case law on evidence, table portraying a ordinary/common civil procedure timeline, table referring to legal interpretation in the Croatian legal system, and comparative tables focusing on functional differences between national regulation, bilateral legal assistance treaties, multilateral treaties, and Council Regulation (EC) No 1206/2001 on taking of evidence by hearing of witnesses. This book is a result of the Dimensions of Evidence in European Civil Procedure research project commissioned by European Commission, Directorate-General Justice.

Table of contents

• Evidence in Civil Law by Slađana Aras Kramar
• Abstract
• Keywords
• Author Biography
• Foreword
• Contents
• Part I
• 1 Introduction
• 2 Fundamental Principles of Civil Procedure
• 2.1 General Remarks
• 2.2 Principle of Free Disposition of the Parties and Officiality Principle
• 2.3 The Adversarial and Inquisitorial Principles
• 2.4 Hearing of Both Parties Principle (audiatur et alter pars) – Contradictory Principle
• 2.5 Principle of Orality – Right to Oral Stage of Procedure and Principle of Written Form
• 2.6 Principle of Directness
• 2.7 Principle of Public Hearing
• 2.8 Principle of Pre-trial Discovery
• 3 General Principles of Evidence Taking
• 3.1 Free Assessment of Evidence
• 3.2 Relevance of Material Truth
• 4 Evidence in General
• 4.1 General Remarks
• 4.2 Minimum Standard of Proof
• 4.3 Means of Proof
• 4.4 Hierarchy of Proof
• 4.5 Parties' Statements and Testimony
• 4.6 A Duty to Submit Evidence
• 4.7 Judicial and Administrative Decisions as Evidence
• 5 General Rule on the Burden of Proof
• 5.1 Main Doctrine
• 5.2 Facts Exempt from Proof
• 5.3 Principle iura novit curia
• 5.4 Active Case Management and Principle of Providing Assistance to the Ignorant Parties
• 5.5 Collection of Evidence ex officio
• 5.6 Preclusions: New Facts and New Evidence (ius novorum)
• 6 Written Evidence
• 6.1 Documents: General Remarks
• 6.2 Public and Private Documents
• 6.3 Submission of Written Evidence
• 7 Witnesses
• 7.1 Obligation to Testify
• 7.2 Calling Witnesses to Court
• 7.3 Refusal to Testify
• 7.4 Cross Examination
• 8 Taking of Evidence
• 8.1 General Remarks
• 8.2 Submission of Evidence
• 8.3 Preparatory Hearing: Deadlines
• 8.4 Refusal to Order the Taking of Evidence
• 8.5 (Main) Hearing
• 8.6 Witnesses
• 8.7 Expert Witnesses
• 9 Costs and Language
• 9.1 Costs
• 9.2 Language and Translation
• 10 Unlawful Evidence
• 11 The Report about the Regulation No 1206/2001 and Multilateral and Bilateral Legal Assistance Treaties
• 12 Table of Authorities According to the Regulation No 1206/2001, and Relevant Sources of Civil Procedure
• Part II – Synoptical Presentation
• 1 Synoptic Tables
• 1.1 Ordinary/Common Civil Procedure Timeline
• References
• Table of Case Law on Evidence, as Quoted in the Selection of Decision of the Supreme Court of the Republic of Croatia
• Bibliography
• Internet Sources
• List of Abbreviations