Year of Graduation
Problems of Claiming Evidence from the Participants of the Case
In civil and arbitration procedure there is a problem of the possibility of reclamation of proofs from the persons taking part in the case. The two different approaches have been formed concerning the question if the persons taking part in the case are obliged to supply to the court reclaimed proofs. Judicial practice follows the path that evidence can be reclaimed, however, such point of view about solving this issue raises a number of other problems. In this paper it is grounded the conclusion that the court cannot oblige the persons taking part in the case to supply the proofs. For the more comprehensive analysis in this work in the comparative perspective it is carried out the study of the arguments of each approaches and also it is analyzed the experience of foreign countries.