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Įrodinejimo pareiga ir dalykas civiliniame pocese / The burden of proof and the matter of proof in civil procedureRulevičiūtė, Indrė 01 January 2007 (has links)
SUMMARY
Subsantial questions of legal regulation of burden of proof and the matter of proof in civil procedure are being discussed in this master‘s writing. The work deals both with disclosing the legal regulation of burden of proof and the matter of proof in actual civil procedure, and analyzing the main theoretical and practical aspects of these questions in more details. The structure of this work enables to reveal the essence of this theme. The work consists of two parts. Whereas from the begining of the civil procedure, first of all, it is important to define which facts are disputed in the particular civil case, therefore the first part of this work deals with revealing the legal regulation of matter of proof. The legitimate and right court judgement can be taken only if all factual circumstances of a case are established. In every civil case the court must be „on the balance of probabilities“ that the alleged facts exist. The first part of this work deals with the conceptions of matter of proof in civil procedure. Also analyze the theoretical and practical significance of establishing the factual circumstances in particular civil case. The further chapters of the first part reveals the essence of each group of the facts, which can be asserting in civil cases. As we already know the facts in dispute on an issue raised between the parties, the second important practical step - to allocate the burden of proof. The second part of this work reveals the conceptions of... [to full text]
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