Vorlagepflichten und Beweisvereitelung im deutschen und französischen Zivilprozess

The outcome of civil proceedings can depend upon whether or not the party bearing the burden of proof is given access to evidence which it does not already have itself. Daniel Adloff does a comparative study of the prerequisites and the scope of the litigants' and third party's obligation to produce evidence. He focuses on the question of how the courts can react if evidence is lost, is withheld arbitrarily or even destroyed. Ascertaining the truth is the necessary prerequisite for the effectuation of subjective rights. However, this must be done in accordance with clearly defined rules and protect confidential information. Daniel Adloff has drawn up suggestions for dealing with these problems. In doing so, he also describes the increasing influence of international rules and regulations and the special aspects which pertain to pre-trial taking of evidence and to intellectual property rights.