Análisis crítico de las facultades probatorias de las partes en segunda instancia en el proceso civil chileno

Translated title of the contribution: Critical analysis of the regulation of the proof powers of the parts in the second instance in the civil chilean process

RAUL EDUARDO NUÑEZ OJEDA, Nicolás Carrasco Delgado, Gerardo Rojas Olivares

Research output: Contribution to journalReview articlepeer-review

Abstract

This article makes a critical analysis about the regulation contemplated in the civil procedure code regarding the means of proof whose initiative corresponds to parties during the processing of the second instance. The evaluator of this regulation will be the burden of objective proof, which includes certain objectives in good procedural faith. It is argued that the possibility of testing in the second instance allows strategic behaviors and a divergence between public and private interests. Therefore, the presentation of evidence in that instance must be limited to the existence of new facts. The latter is more in line with the review purpose of the appeal.

Translated title of the contributionCritical analysis of the regulation of the proof powers of the parts in the second instance in the civil chilean process
Original languageSpanish
Pages (from-to)313-345
Number of pages33
JournalRevista de Derecho Privado
Issue number38
StatePublished - 2020
Externally publishedYes

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