EVIDENCE IN CIVIL LAW - FINLAND

Forskningsoutput: Bok/rapportBeställd rapport

Sammanfattning

This report on the Finnish law of evidence, including the description of legislation, case-law and doctrine, has been written for the "Dimensions of Evidence in European Civil Procedure" project, governed by the University of Maribor, Slovenia and funded by the European Commission. The report provides a general overview of law of evidence in Finland and a starting point for comparative analysis of procedural law. Such further analysis has been conducted within the framework of the project and published separately.

Finnish civil procedure has a close connection with other Scandinavian legal systems and co-operation between the States is active. In addition, the legislation, case-law and scholarly doctrine are more and more influenced by European co-operation through the EU and Council of Europe. The principles of free disposition, free assessment of evidence, audiatur altera pars, and burden of proof form the basis for an oral and direct public hearing. It follows from these due process principles that no methods of proof are forbidden but their relevance depends on the court’s assessment. The procedural doctrine in Finland is well established and has roots in the Swedish code of civil procedure of 1734, although it has gone through extensive reforms. On February 10, 2015 the Parliament of Finland passed the reform of chapter 17 of code of civil procedure, which contains the legislation on law of evidence. The extensive reform systematically updates and streamlines the previous legislation on evidence in addition to introducing new regulation e.g. on anonymous witnesses and banning invocation of evidence, which has been obtained by illegal means. The reform of chapter 17 concludes the systematic reform.
Originalspråkengelska
UtgivningsortMaribor
FörlagLex Localis
Antal sidor44
ISBN (elektroniskt)978-961-6842-47-1
DOI
StatusPublicerad - okt. 2015
MoE-publikationstypD4 Publicerad utvecklings- eller forskningsrapport eller studie

Vetenskapsgrenar

  • 513 Juridik

Citera det här