Evidence in Civil Law - Finland
Authors
Riikka Koulu
Synopsis
Finnish civil procedure has a close
connection with other Scandinavian legal systems and co-operation between the
States is active. In addition, the legislation, case-law and scholarly doctrine
are more and more influenced by European co-operation through the EU and
Council of Europe. The principles of free disposition, free assessment of
evidence, audiatur altera pars, and burden of proof form the basis for an oral
and direct public hearing. It follows from these due process principles that no
methods of proof are forbidden but their relevance depends on the court’s
assessment. The procedural doctrine in Finland is well established and has
roots in the Swedish code of civil procedure of 1734, although it has gone
through extensive reforms. On
February 10, 2015 the Parliament of Finland passed the reform of
chapter 17 of code of civil procedure, which contains the legislation on law of
evidence. The extensive
reform systematically updates and streamlines the previous legislation on
evidence in addition to introducing new regulation e.g. on anonymous witnesses
and banning invocation of evidence, which has been obtained by illegal means.
The reform of chapter 17 concludes the systematic reform.
Author Biography
Riikka Koulu
Riikka Koulu, LL.M. Ph.D. Candidate,
University of Helsinki, P. O. Box 4, FI-00014 Helsinki, Finland.
Sursa:
http://www.lex-localis.press/index.php/LexLocalisPress/catalog/book/27
Niciun comentariu:
Trimiteți un comentariu