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

GENERALLY KNOWN FACTS IN LITIGATION

Mihajlo Dika ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 293 Kb

str. 1-19

preuzimanja: 2.107

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Sažetak

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.

Ključne riječi

generally known facts; establishment of facts; litigation

Hrčak ID:

178105

URI

https://hrcak.srce.hr/178105

Datum izdavanja:

10.3.2017.

Podaci na drugim jezicima: hrvatski njemački talijanski

Posjeta: 4.321 *