Resumen de Party Disposition and Ex Officio Powers in the Taking of Evidence: How to Make Mutual Cooperation Work
Although the taking of evidence relies primarily on the parties’ initiative, the ten-dency to confer the court ex officio investigative powers is diffuse and shows in the last deca-des a growing trend. After a brief overview of this trend throughout legal systems traditiona-lly tied to the so-called dispositive principle, the author focuses on how a court is expected to manage these powers. In this context, the Italian experience will serve as a test-bench for an analysis of the way the issue should be dealt with.
