Publication details
Míra důkazu a znalecké zkoumání v řízeních o zaplacení směnečného nároku
| Title in English | The Degree of Evidence and Expert Investigation in Proceedings for Payment of the Bill of Exchange |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Bulletin advokacie |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | civil proceeding; taking evidence; degree of evidence; expert investigation; bill of exchange; bill of exchange order proceeding |
| Attached files | |
| Description | The aim of the article is to explain the issue of the degree of proof and the correct application of this procedural instrument in the evaluation of the evidence that was carried out by carrying out an expert opinion. The first part of the article is devoted to explaining the notion of measure of proof when it is presented by the author so that it is a measure of proof of the elucidated controversial reality. This interpretation leads to the presentation of the basic rule of proof. The author also presents the Anglo-American, Continental and Scandinavian view of the probability rate to be reached for the finding that the fact has been proven. The second part of the article is devoted to conclusion of the passage, which focuses on a theoretical view of the issue of the level of evidence, to an analysis of possible outcomes of evidence aimed at answering the question of what is an expert opinion whose conclusion is solved with the presumption of its correctness only in the level of low or medium probability, capable of substantiating the facts at issue. The output of this second, practically oriented part of the article is such that an expert opinion with a conclusion presented in a low probability plane can not be considered as a sufficient basis for proving reality; the probative validity of the report with the conclusion reached in the medium probability level depends on other aspects of management and evidence. |