Skip to the main content

Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 38 No. 1, 2017.

Original scientific paper

https://doi.org/10.30925/zpfsr.38.1.1

GENERALLY KNOWN FACTS IN LITIGATION

Mihajlo Dika ; Faculty of Law University of Zagreb, Zagreb, Croatia

Full text: croatian pdf 293 Kb

page 1-19

downloads: 2.189

cite

Abstract

This paper deals with generally known facts in litigation with review on some
viewpoints accepted in Austrian, German and Croatian jurisprudence and legal
practice on this topic. First starting theoretical viewpoint in this research is that
the establishment of facts by rules on generally known facts is one of methods for
establishment of facts. Regular method for establishment of facts is proving, but it
has subordinate nature. Other methods for establishment of facts are application of
rules on recognition, on legal presumptions and on burden of proof. Second starting
theoretical viewpoint is that the law on establishment of facts has dual legal nature:
it has legal protective and procedural aspect. Author discusses on various problems
with regard to notion, legal basis and characteristics of generally known facts and on
implementation of rules on their establishment in litigation.

Keywords

generally known facts; establishment of facts; litigation

Hrčak ID:

178105

URI

https://hrcak.srce.hr/178105

Publication date:

10.3.2017.

Article data in other languages: croatian german italian

Visits: 4.475 *