The subject, object and the duty to provide evidence

Abstract

In our usual language, the word “evidence” represents the mental and logical operation by which we attempt to prove something, to demonstrate, to emphasize a statement which provides credibility to a certain situation. The institution of evidence in the system of objective law was regulated in certain legal texts, with different regulations, from material law to procedural law, depending on the different factors which configure private law, but also in direct connection with the lawmaker’s interest. As a consequence, in the past, the matter of evidence was studied within the general theory of civil law, whereas, in present times, evidence is studied within Civil Procedural Law. The matter of evidence would be known differently and treated differently both by law and by doctrine, thus having a different space “and a different setting between the institutions of civil material and procedural law”.