La querela civile di falso – I. Origini e vicende storiche

La querela civile di falso - I. Origini e vicende storiche
Author  Pasqualina Farina
Editor: RomaTrE-Press
Publication date: march 2017
Pages: 234
ISBN: 978-88-94885-13-2
n° downloads ad oggi: 3

Abstract

The probative value of the document offers some undeniable advantages with respect to witnesses’ evidence: the durability of the means of proof (written documents usually outlive witnesses); the greater availability and lower cost of evidence  (especially when witnesses have to be brought from distant places); a greater objectivity and stability of probative content once it has been captured in physical form (in contrast to the variable subjectivity which inevitably characterizes oral evidence). On the other hand, the written document has certain characteristics which have long hampered its full adoption in private practice. Apart from presupposing a highly literate social context, documents can be easily falsified. Whenever judicial proceedings are intended to verify legal facts it is as central a theme now as it has been throughout history to ensure the reliability of documents and to contest the deployment of judicial documents of suspect authenticity. The study presented here is specifically dedicated to this issue. This first volume critically retraces the various and alternate solutions gradually elaborated from the ancient Roman world up to the age of modern Codes.

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