Overcoming Information Deficits in the Determination of Requisite Facts
14.07.2010
The enforcement of a civil judgment often fails on account of a claim holder's lacking knowledge of details necessary for enforcement. Frequently, the claim opponent could help in this regard but is, unsurprisingly, often unwilling to do so. Decisive for the realisation of substantive justice are therefore the means which a given legal system provides the claim holder for overcoming deficits in requisite information. In his doctoral dissertation "Die Bewältigung von Informationsdefiziten bei der Sachverhaltsaufklärung", Gerrit M. Beckhaus examines the diverse - but also patchy and often unwritten - procedural and substantive instruments found in German law and offers a detailed legislative proposal for resolving the tension existing between the claim holder's interest in information and the claim opponent's interest in secrecy which draws on the advancing European harmonisation in this area.