engleski

Truth and Efficiency in Civil Litigation. Fundamental Aspects of Fact-finding and Evidence- taking in a Comparative Context

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. In this volume we have tried to collect fresh, contemporary views on the various dimensions of truth and evidence taking in civil proceedings. A specific point of interest was the interplay between truth and evidence taking, on the one hand, and efficiency in civil proceedings, on the other. Efficiency is, in our opinion, a key issue to be discussed in a book on the pursuit of truth in civil litigation. Apart from the fact that a link between the pursuit of truth and efficiency has been emphasised 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 available amount of time and resources is not without limits. If a proper balance between truth and the necessary time and resources cannot be found, the whole process of litigation may be endangered.

evidence; fact-finding; civil litigation; civil procedure; truth; efficiency

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