Standard of Proof in Europe 978-3-16-157021-6 - Mohr Siebeck
Law

Standard of Proof in Europe

Ed. by Luboš Tichý

[Das Beweismaß in Europa.]

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Published in English.
This book presents an overview of how European jurisdictions tackle the key problem of civil procedural law: the standard of proof. In order to arrive at an adequate solution, the volume gathers together the expert assessments of fourteen law professors and their different perspectives from across the continent.
The main purpose of this book is to learn about different approaches to a key problem of procedural law, namely the standard of proof. The second is to assess the various stances adopted by diverse jurisdictions and find an adequate standard. Fourteen outstanding law professors describe and analyse how their national legal systems handle and deal with the problem.
Survey of contents
Pavel Holländer: Proof, theory of truthfulness and the purposes of procedure – Mark Schweizer: The standard of proof as a decision threshold – Christoph Kern: Probability as an element of the standard of proof – Magne Strandberg: The more probable than not standard – a critical approach – Christoph Althammer/Madeleine Tolani: Proof of causation in German tort law – Hans Jürgen Ahrens: The standard of proof – the German approach – Walter Rechberger: The Austrian approach and the inherent connection between the standard of proof and the burden of proof – Michael Stürner: Evaluation of evidence and the standard of proof in the ELI/UNIDROIT European Rules of Civil Procedure – Jan Balarin: The Czech approach – Emmanuel Jeuland: The standard of proof and the French approach – Roberto Poli: The Italian concept of the standard of proof – John Sorabji: The English approach to the standard of proof – Luboš Tichý: Main problems from the perspective of a comparative analysis
Authors/Editors

Luboš Tichý ist Professor für Zivilrecht und Europarecht an der Karlsuniversität Prag.

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