Access to evidence in private international law
Bibliographic Data
| ID | 21749928 |
|---|---|
| Authors | Francesco Parisi (0000-0001-9977-1355, University of Minnesota), Daniel Pi (University of Maine School of Law), Alice Guerra (0000-0003-1956-0270, University of Bologna) |
| Year | 2022 |
| Volume | 23 |
| Issue | 1 |
| Pages | 77-96 |
| Publication date | 2022-02-23 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Theoretical Inquiries in Law (JOURNAL) |
| Journal identifiers | ISSN: 1565-1509 • E-ISSN: 1565-3404 |
| Publisher | Walter de Gruyter GmbH (PUBLISHER • DE) |
| DOI | 10.1515/til-2022-0004 |
| OpenAlex | W4210654094 |
| Language | EN |
| Citations received | 3 |
This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology (i.e., ex ante investments that increase the quantity and quality of evidence in case an accident occurs). This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American courts, treating the burden of proof as a procedural matter preserves the complementarity of incentives created by the burden of proof and evidentiary rules. Conversely, treating the burden of proof as a substantive matter creates a mismatch in incentives created by the burden of proof and evidentiary rules
Actuarial science · Burden of proof · Business · Economics · Ex-ante · Incentive · Law and economics · Liability · Microeconomics · Political science · Public economics · Rules of evidence · Tort · Conflict of Laws and Jurisdiction · European and International Contract Law · Law · Legal principles and applications
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,75 |
| Citation span | 2022 - 2025 (4) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |