Party Disposition and Ex Officio Powers in the Taking of Evidence

oleh: Davide Turroni

Format: Article
Diterbitkan: Marcial Pons 2024-04-01

Deskripsi

Though the taking of evidence relies primarily on the parties' initiative, the tendency to confer the court ex officio investigative powers is diffuse and shows in the last decades a growing trend. After a brief overview of this trend throughout legal systems traditionally tied to the dispositive principle, the Author focuses on how a court is expected to manage these powers. In this context the Italian experience will serve as a test-bench for an analysis of the way the issue should be dealt with.