DiKE Materiell rechtswidrig beschaffte Beweismittel im Zivilprozess

The Federal Code of Civil Procedure is expected to enter into force on 1 January 2011. This work of the century contains a legal regulation on materially unlawfully obtained evidence. The handling of such evidence is practically significant and theoretically demanding. This book aims to provide solutions for practitioners on a solid dogmatic basis. The first part introduces the problem, in particular by delimiting the problem and describing its significance. In the second part, it is presented how the cantonal legislators, the jurisprudence and the doctrine have dealt with the problem before the enactment of the Federal Code of Civil Procedure. In the third part, an interpretation of the relevant provision of Art. 152 para. 2 CCP, which is subject to interpretation, is given. In the fourth part, the conclusions of this interpretation serve as a basis for answering individual questions that may arise in dealing with materially unlawfully obtained evidence. In terms of time, the author takes the point of view of the entry into force of the Federal Code of Civil Procedure. Where reference is made to previous regulations, this refers to cantonal legislation, case law and doctrine prior to the entry into force of the Federal Code of Civil Procedure. Where reference is made to the current regime, this refers to the regime under the new CCP.