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LAW OF CIVIL PROCEDURE
297
The provision of the Former CCP relating to torts has not been included
in CCP, though the allegations of simulation of third parties against legal
transactions and documents have been set forth. Evidential contracts have
been regulated in more detail and the nullity of evidential contracts, which
revoke or seriously restrict the other party’s right to provide evidence, is
explicitly included in CCP.
The most important change related to the exceptions to the rule to
provide evidence by documentation is the establishment of “preliminary
evidence” in place of “written preliminary evidence”, which is set forth
under the Former CCP. The condition that preliminary evidence be in
written form is canceled and other types of records which fulfill the other
two criteria are regarded as preliminary evidence under the newprovisions.
The following two conditions are also broadened: The records, sent by
the opposing party or his representative, are set forth as acceptable and
the condition of evidence is broadened with a new wording as to “show
as possible” in place of to “indicate the existence of”.