Means of Proof in Common and Civil Law Systems: a Comparative ApproachUS-China Law Review (2011)
AbstractThis article presents a comparative theoretical and practical analysis of common and civil law systems concerning the use of evidence in civil litigation as a means to determine contested facts and achieve, in Bentham’s words, ‘rectitude of decision’. The comparison examines the way in which common and civil law systems deal with similar legal problems at the point of determining contested facts and shows the fundamental similarities that, in doing so, pervade both systems. This finding ought to lead to undermine the argument that the procedural differences between the two systems’ approaches to the gathering of evidence are an impediment to harmonization (or at least approximation) of both systems.
Publication DateJuly, 2011
Citation InformationDr Leonardo J Raznovich. "Means of Proof in Common and Civil Law Systems: a Comparative Approach" US-China Law Review Vol. 8 Iss. 7 (2011)
Available at: http://works.bepress.com/leonardo_raznovich/8/