Independent Evaluation of Evidences in a Civil Proceeding: Theoretical and Practical Aspects
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Abstract
Obviously, the topic of the free evaluation of evidence is rather wide, and the presentation of the detailed analysis of the free evaluation of evidence shall considerably exceed the form of an article; therefore, this article shall not cover the peculiarities of the principle of the free evaluation of evidence at separate stages of the civil procedure, stages of averment, as well as shall not include the analysis of the evaluation peculiarity of specific evidence types; however, it shall try to reveal the content of the free evaluation of evidence, its separate elements.
In this article more attention shall be paid to the judicial but not philosophical or psychological analysis of the free evaluation of evidence; however, understanding, that the free evaluation of evidence is not only a legal but also a philosophical, psychological category, we shall not avoid philosophical, psychological considerations.
The article shall try to reveal the content of the free evaluation of evidence, its separate elements, and to draw some general conclusions, which are significant when applying the regulations of the Civil Code of the Republic of Lithuania, that regulate the evaluation of the evidence. The article shall not cover the peculiarities of the free evaluation of evidence at separate stages of the civil procedure, stages of averment, and the analysis of the evaluation peculiarities of separate evidence types.
In this article more attention shall be paid to the judicial but not philosophical or psychological analysis of the free evaluation of evidence; however, understanding, that the free evaluation of evidence is not only a legal but also a philosophical, psychological category, we shall not avoid philosophical, psychological considerations.
The article shall try to reveal the content of the free evaluation of evidence, its separate elements, and to draw some general conclusions, which are significant when applying the regulations of the Civil Code of the Republic of Lithuania, that regulate the evaluation of the evidence. The article shall not cover the peculiarities of the free evaluation of evidence at separate stages of the civil procedure, stages of averment, and the analysis of the evaluation peculiarities of separate evidence types.
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