Evidence in Civil Law - Slovenia

Front matter

Lex?

LOCALIS

Evidence in Civil Law - Slovenia

Foreword

The civil procedure rules enhance the court's powers to control evidence and this powers need to be applied in accordance with overriding objective. Evidence can be described as an information that may be properly presented to the court to support the certainty of facts being asserted before it.

In civil procedure evidence is governed by the dispositive principle and the principles arising out of it. The rights disputed in civil procedure are private rights, that is, available to the parties. In this regard the parties are entitled to take action and therefore bring a claim, which means that they define the court’s powers of decision as it is bound by the parties’ petitions and by all those facts and legal grounds they bring which they consider appropriate to protect their rights. The parties are responsible for providing the means of proof they consider opportune for guaranteeing the successful outcome of their respective claims.

The following book is one of the results of the European project with the title “Dimensions of evidence in European civil procedure” within framework programme “Civil and Criminal Justice"." The project is combined initiative involving cooperation between 11 foreign universities and 28 national reports under the successful management of Prof. Dr. Vesna Rijavec, University of Maribor, Faculty of Law. This European research cooperation has already established itself as a key scientific research network in which the most influential experts in the European civil procedure law are working together to exchange their expertise and to contribute to a better understanding of national and unified reguirements in the area of Evidence Law.

The major objective of this project was to explore whether there exists a common core of European Law of Evidence (and taking evidence in particular). By providing a clear picture of common core principles, the project will serve as a starting point for further harmonization or unification processes in this field. The important objective was to research the functioning of Regulation (EC) No 1206/2001 as well as cross-border taking of evidence within the EU, contribute to the development of mutual trust in order to eliminate obstacles in cross-border civil proceedings, provide information to individuals and businesses to

> Official website: http://www.acj.si/en/presentation-evidence.

improve their access to justice and provide training for legal practitioners with emphasis on communication tech.

The purpose of this book is to provide the explanation of national civil procedure dealing especially with evidence law regulated in Slovenian Civil Procedure Act. The book should be a valuable resource to those involved in the processes of litigation as well as a teaching and research material.

Therefore, the present book is only one small cornerstone in the mosaic of more than 22 national reports on evidence law which will serve as basis for scientific book “Dimensions of Evidence in European Civil Procedure" published by Kluwer Law International by the end of the year.

The Author

: LEX- Evidence in Civil Law — Slovenia =

T. Ivanc LOCALIS Contents

Pari Dorien renner E eee RE VE TE EOR TN 1 1 IntrOductlON.,.:, si .ia sezidati Štev eas 1 2.1 The Principle of Free Disposition of the Parties and the

Officiality Primciple'. nitvi sieer a E E E ES 2 2:3:1 Right 10: beHeatd ecoscore ei a a E E au 12 2.3.2 Right to Equal Treatment... 16 2.4 Principle of Orality — Right to Oral Stage of Procedure, Principle

Of Written POI is ate saje iE RE EA A E E A 18 3 Evidence, LAW crenn ione oriin pile oe lk odene vee karo ER E 22 3.1.2 Relevance of Material Truth... 24 3,2 -Evidence im General cerien eiieeii ie rie N E EER 26 3:22 Means: Of PrOOf issn raki covaces riean EE k rE EEE E EEEE EEEE SE 27 33:2. Proof Standards vss: sve. seas skin reee Ee E EE EE AE E 35 3.3.6 'The Duty of the Court in the Event of Incomplete Statements or

3:4 Written Evidence.;;i: siste iii ie a dew ei EE ee entices 40 3.4.1.2Electronic Evidente sinea eea anno okna 42

3.4.1.3 Electronic Signature Sanesi eese ea eee EEEE EE 45 ii | Contents

Evidence in Civil Law — Slovenia I T. Ivanc ae