Gathering and access to evidence in civil procedure

Abstract

The conflicts between the selfinterest one party in civil procedure versus the other party and thirds be solved fundamentally in two ways: or they do not expose its private sphere or businesses in a process, or are subject to a load or to have to the service of other party's interests. Another alternative is as far as possible not to affect contraparte or to third, being due to send the part of the process to its own procedural fact finding and gathered evidence ("nemo tenetur contra se accusare" o "nemo contra se edere tenetur").