目次

Introduction 1 Evidence Law in an International Context: The Principles of Transnational Civil Procedure 2 Evidence in European Civil Procedure 3 Fundamental Principles of Taking Evidence in Civil Procedure -3A The Right to Be Heard in the Taking of Evidence -3B The Principles of Oral and Written Presentation -3C Direct Evidence and the Review of the Trial Court’s Findings of Fact by an Appellate Court: The Austrian Example -3D Assessment of Evidence -3E The Judge’s Case Management Powers regarding Evidence 4 Means of Proof 149 -4A Witness Testimony -4B Experts 5 Inadmissible Evidence: Illegally Obtained Evidence and the Limits of the Judicial Establishment of the Truth 6 Other Issues -6A Legal Costs: An Obstacle for Effective Dispute Resolution in Europe? -6B Language Obstacles in the Search for Effective and Fair Fact-Finding -6C Theoretical Background of Using Information Technology in Evidence Taking -6D Prevention from Destruction of Relevant Evidence in Cross-Border Cases 7 Common Core After All? 8 Assessment of Evidence Regulation APPENDIX Cross-Border Taking of Evidence: European Case Studies Table of Legal Sources: EU Index