This report focuses on Dutch civil law of evidence. It will start with some remarks about the general structure of Dutch civil law (2.1), a short description about the position of Dutch judges (2.2) and a brief overview of the legal framework of evidence in both Dutch civil and criminal law (2.3). It will be followed by a chapter about evidence standards that will include also a brief overview of the historical developments of evidence in Dutch civil law (3.1). The next paragraph discusses the degree of certainty a civil judge needs to have to take a positive ruling on the evidence (3.2). This will be followed by a short overview of the evidentiary differences between civil and criminal law (3.3). Subsequently, the application of the evidentiary legal framework in civil law will be described (3.4). The main topic in chapter 4 is evidence assessment in Dutch civil law. This chapter starts with a brief overview of the historical developments regarding the assessment of evidence (4.1), followed by a brief discussion of the admissibility of evidence (4.2). After that, the assembling of evidence in a civil procedure will be described (4.3) and the assessment of those means of proof that are specifically regulated in Dutch legislation will be discussed (4.4). This report will end with some final remarks about the future of Dutch civil evidence law (5).
|Title of host publication||La prueba en el proceso|
|Subtitle of host publication||Perspectivas nacionales|
|Place of Publication||Valencia|
|Publisher||Tirant Lo Blanch|
|Number of pages||20|
|Publication status||Published - 2018|
- Dutch civil law