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from Vivliodiktyo
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Stock 20 pieces
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This monograph concerns a comparative overview of issues related to the evidentiary process in civil trials under Greek, English, and Cypriot law, with particular emphasis on testimonial evidence and how it is treated by each of the aforementioned legal systems. It presents the concept and significance of the right to proof, what can be subject to proof and, by extension, subject to testimony, as well as a brief development regarding the types of evidence that apply in each of the compared legal systems. The analysis of testimonial evidence is extensive, concerning the capacity and coercion of the witness, the categories of witnesses, the cases where confidentiality prevents the possibility of testimony and which categories of witnesses are bound by it, the hearsay testimony and how it is treated by the respective law of proof, and finally, the treatment of testimonial evidence in the process of an alternative dispute resolution, such as mediation.
The findings of the comparative research are followed by a section on the influence of the similarities and differences of each legal system under consideration on the evidentiary process conducted abroad, in accordance with the rules of Regulation 1206/2001. These are specified in four specific points concerning the conduct of evidence by the executing state, the conduct of evidence after the imposition of coercive measures, the refusal to execute the order for the conduct of evidence by a member state whose assistance is requested, and finally, the case of direct conduct of evidence in the executing state by the requesting member state.
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