Beweiserleichterungen im deutschen Zivilprozess

Easement of proof is applied daily by courts, regularly determining the outcome of proceedings. And yet, its application raises many unresolved questions, especially with regard to judicial law. The study therefore examines easement of proof with regard to the doctrinal foundations, mechanisms, and scope, as well as the legislative intent behind statutory easements. To achieve broadly applicable results, the study deliberately examines a wide range of subject areas. Based on this systematic and comparative analysis, the study subsequently proposes general criteria for the recognition of judicially created easement of proof.