Truth and Efficiency in Civil Litigation: Fundamental Aspects of Fact-Finding and Evidence-Taking in a Comparative Context

Name: Truth and Efficiency in Civil Litigation: Fundamental Aspects of Fact-Finding and Evidence-Taking in a Comparative Context
Brand: Intersentia
SKU: 9781780681337
Price: 9695.0 INR
Availability: InStock

by C. H. Van Rhee , Alan Uzelac

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ISBN13: 9781780681337
Binding: Paperback
Subject: N/A
Publisher: Intersentia
Publisher Imprint: Intersentia
Publication Date: December 10, 2012
Pages: 402
Original Price: GBP 76.0
Language: English
Edition: N/A
Item Weight: 726 grams
BISAC Subject(s): Civil Procedure

About The Book

In the pursuit of justice, truth always plays a prominent role. Few, if any, legal systems are willing to waive the right to claim that the results of their legal processes are fair, just, and, above all, based on the truth. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of this book, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings. Apart from the fact that a link between the pursuit of truth and efficiency has been emphasized since the time of ancient Rome, all legal systems must find the right balance between the amount of time and money invested in the civil trial and the thoroughness of the proof-taking stage in litigation. Obviously, a system of proof that can produce trustworthy results is in need of considerable investment of time and resources, but the amount of time and resources available is not without its limits. If a proper balance between truth and the necessary time and resources cannot be found, the whole process of litigation may be endangered. (Series: Ius Commune Europaeum - Vol. 111)

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