Evidence in Civil Law - Cyprus

Antria Pantelidou, Nikitas Hatzimihail

• Publisher: Lex Localis Press (Institute for Local Self-Government and Public Procurement Maribor)
• Year: 2015
• eBook ISBN:
  9789616842457
• Topic: Politica e relazioni internazionali
• Subtopic: Processi politici

This short monograph attempts an exploration of the legal treatment of evidence questions in Cyprus law. The first section of the study offers a comparative-law introduction to the legal system of Cyprus – a mixed legal system that in matters of civil litigation, including evidence, tends to strongly follow the English common law tradition (including the existence of an autonomous legal field of evidence law, that tends to be dominated by criminal evidence law. The second section presents the general principles underlying Cypriot civil procedure, including evidence. The sections that follow examine in more detail legal aspects involving civil evidence, especially how the basic types of evidence are treated in Cyprus law and how the processes for the taking of evidence are organized. The study also examines special questions including the legal treatment of illegally obtained evidence, legal costs and problems of language. The final section examines the cross-border dimensions of civil evidence-taking.

Table of contents

• Evidence in Civil Law - Cyprus by Nikitas Hatymihail & Antria Pantelidou
• Abstract
• Keywords
• Nikitas Hatzimihail: Author Biography
• Antria Pantelidou: Author Biography
• Contents
• Part I
• 1 Introduction
• 1.1 Basic Facts About the Legal System of Cyprus
• 1.2 Civil Procedure and Evidence Law
• 2 Fundamental Principles of Civil Procedure in Cyprus
• 2.1 Principle of Free Disposition of the Parties
• 2.2 Principle of the Adversarial System of Trial
• 2.3 Hearing of Both Parties Principle (audiatur et alter pars) – Contradictory Principle
• 2.4 Principle of Orality – Right to Oral Stage of Procedure, Principle of Written Form
• 2.5 Principle of Directness
• 2.6 Principle of Public Hearing
• 2.7 Pre-Trial Discovery
• 2.8 Free Assessment of Evidence
• 2.9 Relevance of Material Truth
• 2.9.1 Limitations to the Right to Propose New Facts and Evidence (ius novorum)
• 3 Evidence in General
• 3.1 Instances Where One Type of Evidence is Required
• 3.2 Duty to Present or Deliver Evidence
• 4 Burden of Proof
• 4.1 Some Facts do not Require Proof by Litigants
• 4.2 Additional Submission of Evidence
• 5 Written Evidence
• 5.1 “Documents” in Cyprus Law
• 5.2 Presumption of Correctness
• 5.3 Evidential (Probative) Value of Public and Private Documents
• 5.4 Taking of Written Evidence
• 6 Witnesses
• 6.1 Who Can be a Witness
• 6.2 Οrdering the Examination of Witnesses and Summoning the Witness
• 7 Expert Evidence
• 8 Taking of Evidence
• 9 The Hearing
• 9.1 Presence and Participation of the Parties
• 9.2 Direct and Indirect (Circumstancial) Evidence
• 9.3 Preparation of Witnesses
• 10 Costs and Language
• 10.1 Costs
• 10.2 Questions of Language
• 11 Unlawful Evidence
• 12 International Aspects
• 12.1 Hague Evidence Convention
• 12.2 Bilateral Agreements on Judicial Cooperation
• 12.3 EU Evidence Regulation
• Part II – Synoptical Presentation
• 1 Synoptic Tables
• 1.1 Ordinary Civil Procedure Timeline
• 1.2 Functional Comparison
• References