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DOOR, Vol. 1 No. 1, 2025.

Review article

https://doi.org/10.65342/door.1.1.8

Challenges posed by Emerging Technologies to Evidentiary Standards

Jelena Čuveljak ; High Commercial Court of the Republic of Croatia, Zagreb, Croatia


Full text: croatian pdf 286 Kb

page 205-218

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Abstract

The advancement and growing use of new technology for daily and legal purposes posesignificant challenges to traditional concepts of civil procedural law, especially regarding the taking and presenting of evidence. This paper examines the impact of digitalisation and electronic communication on evidentiary procedures in Croatian civil litigation law, with a particular focus on documents as evidence, electronic registrations in land records, and the legitimacy of electronic documents. The existing legal framework is comprehensively analysed, and de lege ferenda recommendations are presented to guarantee legal certainty and efficiency in evidentiary procedures. The increasing reliance on electronic documents and the lack of physical originals have increased the possibility of litigation, where the key role will be the proper distribution of the burden of proof and the possibility of a valid expert analysis. This article contributes to the discourse on essential modifications to the legal system in the digital era.

Keywords

burden of proof, handwritten signature, forgery, electronic document

Hrčak ID:

338898

URI

https://hrcak.srce.hr/338898

Publication date:

8.12.2025.

Article data in other languages: croatian

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