A szakvélemény helye és szerepe a polgári peres bizonyításban : Az aggályosság megítélése

Nyilas, Anna (2022) A szakvélemény helye és szerepe a polgári peres bizonyításban : Az aggályosság megítélése. JOG ÁLLAM POLITIKA: JOG- ÉS POLITIKATUDOMÁNYI FOLYÓIRAT, 14 (4). pp. 99-134. ISSN 2060-4580

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Abstract

The study examines how the expert opinion contributes to the establishment of the facts by the judge in civil procedures considering the principle of a concentrated trial and the timely substantive conclusion of the case. The legal status of the court assigned expert and the “private” expert is discussed, with a view to the differences in their procedural rights, and how this affects the decisions of the parties regarding their motions for expert evidence. A key element of the current regulation is the assessment of ambiguous expert reports, so we analyse the procedural consequences of this, and explore the points of the reg- ulation where further development may be justified. In the context of expert evidence, the material case management powers of the court are of particular importance, especially the warning about relevance, the need for expert evidence, and in case of ambiguity. Regarding the admissibility of the expert opinion, it is important to note that the probative value of the expert opinion is not defined by law, so the court is free to consider it, with all the circum - stances of the case as well as other evidence. However, the court does not have discretion regarding questions of the special field of expertise, so it cannot resolve the contradiction between expert opinions. Still, the expert opinion must be adequate to persuade the court, because it will be the basis of the established facts and ultimately of the judicial reasoning within the judgement. Therefore, the expert opinion must reach a sufficiently high degree of probability to serve as an appropriate piece of evidence.

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