the Meaning of Atypical Evidence in Civil Procedure

Brunela Kullolli
“Aleksander Moisiu” University of Durres ,Faculty of Political Sciences and Law

Abstract

This paper analyzes the doctrine that was most interested in the issue of atypical evidence in civil proceedings. This doctrine seemed to deviate from the legal discipline of investigating evidence. The doctrine in favour of the general admissibility of atypical evidence is essentially based on the belief that it aims to determine the material truth. In the first part of this paper, we will make an efficient analysis of this particular category of evidence, it is necessary to define it, because only by knowing what will be considered atypical evidence can we identify the problems that characterize paternity and distinguish it from illegal evidence. The second part focuses on the evolution of the doctrine and practice in favour of the general admissibility of atypical evidence formed and obtained in the judicial process, the third part is related to the admission as evidence of civil or criminal decisions, the trial developed between the same or different parties. The fourth part will address the writings and statements coming from third parties and litigants that are presented as evidence in the trial. Conclusion Human society is characterized by dynamism and evolution. Social relations undergo constant changes, both qualitatively and quantitatively. Legislation must always adapt to these changes, and legislate them.

Presentation