Main evidence
In civil proceedings , the main evidence refers to the evidence to be provided by the party charged with evidence. Whether it is to be regarded as led depends on the level of evidence in which the judge is allowed to base his decision on a controversial statement of facts ( question of fact ).
The shaking of the judge's conviction of the correctness of a factual assertion by the opponent is called counter- evidence . It is already carried out when it arouses doubts in the judge about the correctness of the allegation of the party charged with evidence.
The court first raises the main evidence and only if it succeeds, the counter-evidence. Proof to the contrary must be distinguished from counter- evidence . The proof to the contrary is the rebuttal of a legal presumption ( § 292 ZPO).
literature
- Marianne Roth: Civil Procedure Law. Manz Verlag Vienna, 10th edition 2014. ISBN 978-3-214-14778-5 (Austria)
Web links
- Thomas Pfeiffer: The evidence in civil litigation without a year (Germany)
- Features and procedure of the evidence procedure minilex.at, 2015 (Austria)
- Isaak Meier: Law of Evidence University of Zurich, 2011 (Switzerland)
- Swiss Federal Supreme Court : BGE 130 III 321 p. 321 on evidence, burden of proof, standard of evidence and counter-evidence in connection with the occurrence of an insured event (Switzerland)
Individual evidence
- ↑ Helmut Rüßmann : Right of Evidence Alternative Commentary ZPO, before § 284 marginal no. 7th
- ↑ BGH NJW 1983, 1740
