GENERALLY KNOWN FACTS IN LITIGATION

Authors

  • Mihajlo Dika Faculty of Law University of Zagreb

DOI:

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

Keywords:

generally known facts; establishment of facts; litigation

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.

Additional Files

Published

2020-11-16

How to Cite

Dika, M. (2020). GENERALLY KNOWN FACTS IN LITIGATION. Collected Papers of the Law Faculty of the University of Rijeka, 38(1), 1–19. https://doi.org/10.30925/zpfsr.38.1.1

Issue

Vol. 38 No. 1 (2017): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

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