UPOREDNO PRAVNI PRIKAZ DOKAZNOG POSTUPKA U GRAĐANSKOM PRAVU
COMPARATIVE LEGAL REPRESENTATION OF EVIDENCE PROCEDURE IN CIVIL LAW

Summary/Abstract: The evidence process has evolved from the earliest times, even in ancient Rome to this day. The process has changed, but some elements have remained unchanged in modern law. Evidence is a method by which the court investigates and establishes the truth. To prove is to convince a court of the truth of a particular claim. Evidence is an activity shaped by procedural norms involving parties and other participants in the proceedings, which involves the collection of evidence, the presentation of evidence and the assessment of evidence. The principle of material truth is dominant in the performance of any evidence and it is the basis of the court's duty to establish the truth. As a central part of the civil procedure, proofing is differently defined and regulated in comparative law. The author tries to present in this paper the basics of the evidence procedure in continental and Anglo-Saxon law, representing the evidence systems of states in which the legal order is characterized by the elements of these systems.

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