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Description
Strengbeweis und Freiheit richterlicher ÜberzeugungsbildungIn German civil procedure, certain sources of evidence may be used to prove a disputed fact. On this basis, the court then decides whether the fact can be considered true. There is a widely held belief that, in accordance with a doctrine of "strict evidence", these means of evidence are restricted to those specified in Titles 6 to 10, Section One, Book Two of the German Code of Civil Procedure (ZPO) in other words, that there is a "numerus clausus".
In German civil procedure, certain sources of evidence may be used to prove a disputed fact. On this basis, the court then decides whether the fact can be considered true. There is a widely held belief that, in accordance with a doctrine of "strict evidence", these means of evidence are restricted to those specified in Titles 6 to 10, Section One, Book Two of the German Code of Civil Procedure (ZPO) - in other words, that there is a "numerus clausus". Joshua Fisher's study refutes this assumption by interpreting the first sentence in paragraph one of the code's Section 286 and examining the purposes served by the formalities of the taking of evidence set out in Sections 284 para. 1 sentence 1, and 355 to 484 of the ZPO. In this way, the difficult interplay between these norms and the concept of free proof enshrined in Section 286 is resolved.
| EAN: | 9783161641022 |
| Farbverschnitt: | Generell werden die Bücher ohne Farbverschnitt geliefert, auch wenn die Abbildungen einen Farbverschnitt zeigen. |
| Auflage: | 1. Auflage, 25001 |
| Erscheinungsjahr: | 30.04.2025 |
| Titel der Reihe: | Veröffentlichungen zum Verfahrensrecht## |
| Autoren: | Fisher, Joshua |
| Auflage/Ausgabe: | 1. Auflage |
| Seitenzahl/Blattzahl: | 570 |
| Themenüberschrift: | LAW / Arbitration, Negotiation, Mediation |
| Keyword: | Beweisaufnahme; Beweiswürdigung; Evidence; Freibeweis; Förmlichkeit |
| Fachschema: | Rechtsvergleich~International (Recht)~Internationales Recht~Privatrecht~Zivilgesetz~Zivilrecht~Prozess (juristisch) / Zivilprozess~Zivilprozess - Zivilprozessordnung - ZPO |
| Fachkategorie: | Rechtsvergleichung~Internationales Privatrecht und Kollisionsrecht~Zivilrecht, Privatrecht, allgemein |
| Länge: | 232 mm |
| Breite: | 155 mm |
| Höhe: | 32 mm |
| Gewicht: | 564 gr |
| Produktform: | Kartoniert |
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4.3 ★★★★★
Based on 107 reviews
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Product Reviews
★★★★★ 5
Great Customer Service
Honored my protection plan without an issue
They issued me a refund for the original cost in which I repurchased the same item.
I also purchased the 4 Year Protection Plan again because their customer service is outstanding 👏
WAS THIS REVIEW HELPFUL?YesReportShare
Reviewed in the United States on April 24, 2026
★★★★★ 5
Company fulfilled commitment
A/C and heat stopped working after 3 years
Asurion fulfilled commitment and refunded purchase price
WAS THIS REVIEW HELPFUL?YesReportShare
Reviewed in the United States on January 7, 2026
★★★★★ 5
Simple and not Drama claim process.
’ve had Asurion coverage for a couple of years and never needed to use it until recently, when my pool salt cell (less than two years old) stopped working. I had purchased it with an Asurion protection plan, so I contacted them to start a claim.
The process was simple and straightforward to follow. In the end, they honored the plan and covered the cost of my salt cell based on the value when I originally bought it. They issued me a gift card that I could use on Amazon for that amount.
While prices have gone up and a new cell now costs about $200 more, it was still definitely worth having the coverage. Overall, I’m satisfied with how the claim was handled.
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Reviewed in the United States on June 8, 2026
★★★★★ 5
Love this protection plan
Quick and easy. My daughter's cracked her screen on her phone, as soon as it happened I went on the app, filed the claim. Ten minutes later I received the email with the shipping lable. The following day I dropped the phone off at ups and 4 hours later I received the digital gift card. Ive filed several claims since getting the protection plan and with four kids its definitelysomething im glad to have especially since i dont have to buy a protectionplan for each item now. I have filed claims for electric scooter the stoped working for no reason, my son's phone stopped charging, my oldest daughter cracked her phone screen, my son's video game controllers up and died and each time it was quick and easy and no fuss
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Reviewed in the United States on May 13, 2026
★★★★★ 1
Don't waste your money - these people will not help you
On March 9th 2024, I purchased a MCombo Lift Chair costing $785. On the same day, through the same Amazon account (my PERSONAL account since I also have a business account), I purchased an Asurion Complete Protect policy at the cost of $16.99 per month plus taxes. About one month ago, a problem arose with the chair that required me to make a claim using the "Complete Protect" policy that I had purchased for that very item. The claim was initiated on January 1st, 2025 - On January 3rd, I received an email asking me for photographs showing the damage for which I was making a claim. I sent those photographs via email to the address provided on January 6th. On January 27th, having not received ANY response from Asurion, I contacted them via phone and was told that my purchase had been made with a business account, that it was being used for business purposes, and was therefore not covered. I assured the Asurion Representative that it was most certainly not a business use, and that the chair that I was claiming for had been purchased because I had extensive shoulder surgery done that made it impossible to get in and out of bed. After speaking (unsuccessfully) with the Asurion Rep, I then contacted Amazon Customer Service. I spoke with an Amazon Customer Service Representative on the phone who confirmed that I had in fact used my personal account to purchase the chair and the Asurion Complete Protect policy. That representative went on to send a message to Asurion on my behalf confirming that the purchase was for personal use and not business use. Asurion responded, asking me to call them with the order number for the Asurion purchase. The number I gave was the exact same order number on my order history, however, the Asurion Rep could not find it. I was finally able to discover that the order number in Asurion's system was entirely different and isn't even in the same format as an Amazon order number.
Upon the Asurion representative finding my plan, she informed me that the chair was listed as being purchased for business use (despite Amazon confirming that it was NOT) but that I should give them "a couple of business days" to resolve the issue. Five business days later, still no response and so I called them again (Yesterday - February 1st 2025)... Lo and behold, I got the same crap yet again... the purchase was listed as business use and was therefore being denied, but she promised to remove the business use commentary and put the claim through again.
Today, February 2nd, I called Amazon yet again to escalate and had to call THREE times because the first two calls resulted in me finally being connected to an Asurion representative (two different reps) and each time, the Asurion representative hung up the phone as soon as my name was mentioned.
It has become clear to me that the Asurion "Complete Protect" policy is a SCAM - they will NOT take care of your issue, regardless of how long you've been paying. I have been paying every month since March 9th last year - so they've received over $170 from me thus far, with zero other claims, and if I am able to cancel right now, I will only receive $16.99 back. All I want, is the chair that I purchased the policy for coverage of, to be repaired or replaced. Asurion are NOT helping, and are actively avoiding contact.
At this point, I am considering legal action against Asurion for fraud - perhaps even a Class Action. I'll wait and see if my issue gets resolved within the next 10 days or so.
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Reviewed in the United States on February 2, 2025
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