CONCEPTUAL ANALYSIS OF EVIDENCE IN CIVIL PROCEEDINGS
Abstract
Summary
This article focuses on a dogmatic reflection on the concept and function of evidence in civil proceedings. To this end, it addresses evidence as the object of instruction as well as a number of problems associated with the burden of proof. This analysis also deals with the dialectics between the burden of proof and the burden of claim.
The reflection we propose on the concetual basis of the evidence also covers questions relating to the instructional activity, the value of the evidence, the binding force of the means of proof and its limitations.
From the theoretical framework described, it is also fundamental to proceed to the methodological classification of the test, also questioning its extra procedural value, always seeking to find foundations in the principles underlying the instructional activity.
Key words: civil procedure, proof, instruction, allegation.
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