Skip to main content
Article
Means of Proof in Common and Civil Law Systems: a Comparative Approach
US-China Law Review (2011)
  • Dr Leonardo J Raznovich, Canterbury Christ Church University
Abstract
This 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 Date
July, 2011
Citation Information
Dr 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/