Propuesta de reforma a la prueba testimonial en la ley adjetiva civil ecuatoriana
The National University of Loja, with its mission to train professionals with guidance; humanistic - scientific - technical, able to contribute to human development in the country, allows a study of the Ecuadorian Civil Litigation concerning a possible "Reform Proposal Testimony in the Ecuadori...
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| Format: | bachelorThesis |
| Jezik: | spa |
| Izdano: |
2016
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| Online dostop: | http://dspace.unl.edu.ec/jspui/handle/123456789/11155 |
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Označite | Izvleček: | The National University of Loja, with its mission to train professionals with guidance; humanistic - scientific - technical, able to contribute to human development in the country, allows a study of the Ecuadorian Civil Litigation concerning a possible "Reform Proposal Testimony in the Ecuadorian Civil Adjective Law", an analysis is performed the current legal system in relation to the "testimonial evidence" in the current Ecuadorian Code of Civil Procedure; competent matter within Ecuadorian civil law, for which it has made the collection of information both, documentary, bibliographic, archive, and field research, essential elements for the respective analysis and discussion of this issue; in this way it seeks to develop the intellectual potential, an approach geared do on it, and its possible solution of complex problems in this present investigation. From this reflection, it is intended that the development of this research, focusing on sound and basic knowledge that they are adequately covered in our Civil Procedure Act concerning the testimonial evidence (witnesses) and that they comply with the warranty as stated in the Constitution of the Republic of Ecuador, with its constitutional principles, that due process is applied, regarding the testimony in civil matters; This is intended to find anomalies that occur in our Civil Procedure System, how it is taken the testimony, how judges interpret his self-belief that oral evidence; and how it is necessary that the principles of immediacy and oral proceedings in civil matters through trial hearings publicly established. It is intended to seek an amendment to the Civil Procedure Code Articles concerning the testimony in order to propose a more efficient and reliable evidence system for our country, to meet and try to find the causes and consequences: The bias in one of the litigants and misinterpretation of judges (as), to the testimony. As witness, a third subject in the process; some questions appear. |
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