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UID:20251201T133842EST-0817p8IfUV@132.216.98.100
DTSTAMP:20251201T183842Z
DESCRIPTION:The Paul-André Crépeau Centre for Private and Comparative Law w
 elcomes Bertrand Stoffel\, University of Zurich\, for a Civil Law Workshop
 \, under the theme « Les apparences en droit civil ».  Abstract  Appearanc
 e plays a major role in civil evidence. Certainly\, the judge may sometime
 s rely on science to prove facts. Often however\, the judge will have to b
 ase her judgment on what appears to her as true or false.  In private law\
 , proof is the demonstration of an alleged fact. It is the process that wi
 ll lead the judge to the intimate conviction of the existence of the fact.
  But what\, then\, are the criteria for the establishment of such demonstr
 ation? To a large extent\, the judge will rely on her own experience to es
 tablish the existence of a fact. She will review documents\, hear statemen
 ts\, and inspect locations. All this will put the fact in evidence: It wil
 l make it appear as true or false.  The evidence—or appearance—of a fact w
 ill always be provisional. That is to say\, no matter how many pieces of e
 vidence are available\, one can never be sure that this is exactly how the
  fact happened. Indeed\, to the observer\, the fact evidenced will remain 
 an isolated fact. Moreover\, the appearance of that fact will be that whic
 h the observer\, in his own position and with his own experience\, will pe
 rceive.  This workshop will explore how proof in private law can be a matt
 er of appearance and how it relies on observation and probability. Relianc
 e on observation is not without problems. Observation will disturb the fac
 ts\, suppressing some of them and putting others in front. In the same vei
 n\, the judge will need to base her findings on her experience of life in 
 order to establish the probability of a fact\, thus linking proof with con
 siderable uncertainty and subjectivity.  About the Civil Law Workshops  In
  order to promote fundamental research in private law\, the Paul-André Cré
 peau Centre for Private and Comparative Law initiated the “Civil Law Works
 hop” series\, bringing together jurists from Québec and beyond to work on 
 related research topics. With their cross-disciplinary focus\, the “Civil 
 Law Workshops” contribute to enriching and stimulating fundamental researc
 h in private law.  The 2012-2014 series of civil law workshops presented b
 y the Paul-André Crépeau Centre for Private and Comparative Law explore « 
 Les apparences en droit civil ».  The workshops are presented with financi
 al assistance from Justice Canada’s Support Fund for Access to Justice in 
 Both Official Languages.  Registration is not required.  
DTSTART:20140404T163000Z
DTEND:20140404T180000Z
LOCATION:NCDH 202\, Chancellor Day Hall\, CA\, QC\, Montreal\, H3A 1W9\, 36
 44 rue Peel
SUMMARY:Appearance and evidence: Is the proof in the pudding?
URL:/law/channels/event/appearance-and-evidence-proof-
 pudding-233674
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