La carga de la prueba, dinámicas contemporáneas
The burden of proof is one of the most important procedural institutions for the proper development of the work of the administration of justice. It is important from the historical point of view, as well as for its theoretical, epistemic, constitutional and practical implications (jurisprudence and...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7546498 |
| Source: | Estudios de derecho, ISSN 0120-1867, Vol. 77, Nº. 170, 2020, pags. 227-248 |
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| Summary: |
The burden of proof is one of the most important procedural institutions for the proper development of the work of the administration of justice. It is important from the historical point of view, as well as for its theoretical, epistemic, constitutional and practical implications (jurisprudence and litigation).An interesting perspective on Ibero-American models and the use of the burden of proof is presented here. Its procedural dimensions and the privileged place it has obtained are analyzed from two fundamental perspectives for justice: as a principle that the burden of production lies with the parties and as a rule of judgment for the judge. Work is also being carried out on the modifying trends in which a new category has been shaped in particular: the dynamic burden of proof. Explaining this new perspective and the frequent confusion experienced today is another aspect contemplated in this work, especially through an example of application in the consumer lawadopted by Argentina. |
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