The Importance of Material Truth in Civil Litigation

The principle of material truth is closely linked to the idea that judicial decisions should be based on facts that best correspond to objective reality. This notion, however, is not absolute – neither in light of the historical development of civil procedure and evidence law, nor within the normative framework placing this principle among the fundamental principles of modern civil proceedings or in doctrinal interpretations grounded in the correspondence theory of truth. The chapter examines the approach to material truth in a historical context, aiming to assess whether it may be considered an ahistorical principle in continental civil procedure. The second part discusses the role of material truth in modern civil procedure and its relationship to other fundamental principles. Finally, it addresses the epistemological and methodological challenges posed by the correspondence theory and considers the implications of acknowledging that material truth cannot be regarded as absolute.