The evidence ex officio from the amendment of article 194 of the Civil Procedural Code
Abstract
With the presente article, the autor examines the trade test from the law amending No 30293. In this way, it analyzes the elements that comprise it: a) exceptionality trade test; b) test failure; c) source of evidence cited by legal parties; d) prohibition of supplying the parties of the burden of proof, e) contradiction assurance; f) contestability of the decision; g) trade test in second grade; and h) prohibition of nullity of sentence for lack of proof, under which concludes that the conditional use of the shaping trade, leaving aside the possibility of its arbitrary and indiscriminate use by the judge whose decision may be challenged if it does not comply with the above in order to maintain their duty of impartiality.
Downloads
Metrics
Métricas alternativas
Copyright (c) 2016 Martín Alejandro Hurtado Reyes
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain their copyrights and register under the Creative Commons Attribution 4.0 International License (CC BY 4.0), which allows the use of the published material (adapt - remix, transform and build - and share - copy and redistribute - the material in any medium or format).
1. The journal allows authors to retain their copyrights of submitted articles without any restrictions.
2. Authors retain the right to share, distribute, copy, perform and publicly communicate the article published in Revista Oficial del Poder Judicial (e.g., place it in an institutional repository).
3. Authors retain the right to make a subsequent publication of their work, to use the article or any part of it (for example: a compilation of their work, notes for conferences, thesis, or for a book), as long as they indicate the source of publication (authors of the work, journal, volume, number and date).
