Master's thesis focuses on evidence by an expert. In order to be able to study evidence by an expert in more detailed way, we must first understand evidentiary procedure in civil proceedings in general. Therefore, the first part sets out the basic principles that are relevant in evidentiary procedure with an expert. Provisions on burden of proof, the taking of evidence and their assessment are also important.
In the central part, the thesis focuses on the expert, by first defining this notion and comparing the expert with other similar institutes. Then it sets out the conditions for the appointment of a court expert and identifies the expert’s duties. If the expert is overburdened or ineffective, the law provides for various measures at the disposal of the court and the parties. Finally, the thesis addresses some of the dilemmas that arise with regard to expert evidence in practice.
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