Tabea Lorenz
Title
Prof. Dr.
Last Name
Lorenz
First name
Tabea
Email
tabea.lorenz@unisg.ch
Phone
+41 71 224 3094
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Item type:Publication, Beweiserhebung mittels ParteiaussageWith the entry of the CCP into force on the 1st of January 2011, the preexisting cantonal laws of evidence were replaced by new federal law. Consequently the laws behind party examinations, i.e. the formal questioning of a party in the context of the evidence procedure, became for the first time federally regulated. These laws were however, already known in a myriad of forms in most cantons. Nevertheless, for the questioning of the parties in the course of the evidence proceedings the CCP entails two means: examination of party evidence (art. 191) and examination of the party deposition (art. 192). The wording of the provisions applicable in this regard is extremely vague and leaves a wide margin for interpretation, particularly with regard to the conditions, which must be met for the acceptance of evidence. This dissertation presents a historical and coherent perspective of the collection of evidence via party statements and is therefore not only of scientific interest, but also of high practical relevance.Type:doctoral thesis