EL COMPLEMENTO ENTRE LA PRUEBA TASADA Y LA SANA CRÍTICA EN LA JUSTICIADE FAMILIA CHILENA

Translated title of the contribution: The complement between the legal regulation of the evidentiary weight and the free evaluation of evidence in the Chilean family justice

Research output: Contribution to journalArticlepeer-review

Abstract

In the Chilean family justice, evidentiary strategies to prove a fact are prepared based on legal rules, judicial interpretations, and probationary freedom so the free evaluation of evidence and the legal regulation of the evidentiary weight complement each other. This work analyzes these strategies in the trials the contentious matters that are processed in the ordinary procedure as in the protection of rights processed in special procedures. The cases examined are proof of infidelity in fault divorce, impairment of financial compensation, the best interests of the child or adolescent in filiation proceedings by recognition without a biological link and the imminent risk in domestic violence. Each of these cases reveals a set of legal reasons that give normative content to free evaluation of evidence.

Translated title of the contributionThe complement between the legal regulation of the evidentiary weight and the free evaluation of evidence in the Chilean family justice
Original languageSpanish
Pages (from-to)195-215
Number of pages21
JournalIus et Praxis
Volume28
Issue number1
DOIs
StatePublished - 2022
Externally publishedYes

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