Original scientific paper
SOME THOUGHTS ABOUT THE OBJECT OF THE ON-SITE INSPECTION AND THE ON-SITE INSPECTION IN CIVIL PROCEEDINGS
Mihajlo Dika
; Pravni fakultet Sveučilišta u zagrebu
Abstract
The author in the article gives an effort to systematically, critically and applying a comparative method scrutinise the institute of the on-site inspection and its object. Although the practical relevance of the institutes is indisputable, Croatian doctrine of the Civil Procedure Law pays them a minor intention. The first part of the article is dedicated to approbatory functions of the on-site inspection and its object, definitions of their notions, essential characteristics and criteria to distinguish the institutes from other evidences as well possible methods of introduction of evidences. In the paragraph dedicated to the conduction of the on-site inspection the author gives a special attention to a circle of persons authorised to conduct the on-site inspection, place where the on-site inspection can be conducted, presumptions to conduct it outside of the court and deciding on the on-site inspection. He especially considers issues related to the conduction of the on-site inspection involving items which are in the possession of the parties and third persons, public bodies and persons executing public authority emphasizing the novelties introduced by the 2003 Amendments to the Civil Procedure Act. According to the new provisions, third person’s duty to enables the on-site inspection is broader than duty of a witness to testify. In concluding remarks the author expresses his expectations that higher importance will be gradually attached to the institute of the on-site inspection and its object with respect to problemacy of establishment of facts, among other reasons, due to the introduction of new categories of evidences.
Keywords
on-site inspection; object of on-site inspection; evidence; presenting evidence
Hrčak ID:
53519
URI
Publication date:
8.4.2010.
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