The assessment of the witness testimony in the Civil Procedural Law Code bill project. An unfinished task

Abstract

This contribution intends to give an overview to the assessment process to be performed by the judge on the testimony of witnesses. As is known, this evidence has always been linked to apprehension that witnesses attempt to deceive the judge, hence the main duty of the witness is telling the truth. In fact, this option has clearly been taken by the Civil Procedural Law Code bill project. However, the truthfulness of the witness is just one of the aspects that must be addressed to accurately weigh his words. Memory and quality of the memories also has much to say for assessing this evidence. Therefore, it is essential that the procedural legislature don't forget memory.