Articles

Vol. 133 (2023)

Evidence from a traditional (paper) document versus evidence from an electronic document: The problem of separateness or identity of means of proof. “De lege ferenda” and “de lege lata” postulates

Pages: 11-31

PDF (Język Polski)

Abstract

The article deals with the issue of the use of evidence in civil proceedings. It refers to the issue of paper evidence and electronic evidence. The concept of evidence is not regulated by the Code of Civil Procedure. It is, in contrast, found in the Civil Code. The study clarifies many issues related to the use of electronic evidence in civil trials. It presents the views of the doctrine and the position of the courts.