Project

Fact finding in civil proceedings

Acronym
NvvP-grant
Code
EXT/ONZ/000225
Duration
01 January 2023 → 31 December 2024
Other information
Research disciplines
  • Social sciences
    • Comparative law
    • Litigation, adjudication and dispute resolution
    • Procedural law
Keywords
evidence fact finding administration of evidence duty to tell the truth
 
Project description

The project Fact-finding in Civil Proceedings runs from the beginning of 2023 to the end of 2024. The project compares the role of litigants, lawyers, and the judge in the fact-finding process in civil proceedings in Belgium, Germany, France, and the Netherlands.

The first phase of the project consisted of the pre-publication of four country reports. Experts from Belgium, Germany, France and the Netherlands have shown how fact-finding takes place in their civil proceedings, and on how behaviours that hinder fact-finding are sanctioned. 

The second phase consisted of the publication of the country reports with a comparative analysis on four sub-topics:

  • The extensiveness of the document starting the proceedings
  • Does a form of nemo tenetur apply in civil law?
  • The role of the judge in fact-gathering
  • Is there a duty to tell the truth; if so: is it upheld?

The third phase was the symposium that the NVvP has organized for its members on 21 June 2024, on the aforementioned four sub-topics