Nuances and questions surrounding evidentiary agreements

Abstract

To reduce the difficulty of proving evidence and make the outcome of at least potentially threatening proceedings more predictable, or to make everyday (civil) legal life more transparent, there is a practical need to determine the facts and evidence. Attention is often focused only on rights and the regulation of evidence, and within them, evidentiary conventions. Little is said about the prerequisite for proof, which is the facts alleged as part of the parties’ sovereignty to configure the factual framework of the proceedings.