Rational assessment of the evidence against the burden of proof of the acceptor of a title incomplete value
DOI:
https://doi.org/10.15381/lucerna.n2.21855Keywords:
Rational assessment of the test, burden of proof, acceptor, title incomplete value, right to tryAbstract
The present work addresses the implications that the proof burden of the acceptor of an incomplete security has on the rational assessment of the evidence. Our objective is to determine if the evidentiary burden imposed on the executed-debtor, acceptor of an incomplete security title, contrasts with the rational assessment of the evidence carried out by a judge within a free valuation system; Likewise, we intend to establish whether said procedural rules harm the right to prove of the obligated parties. To do this, we carried out a Constitutional analysis, in addition to considering the opinion of prominent jurists such as that of the Italian teacher Michele Taruffo and the Spanish Jordi Ferrer Beltran, Jordi Nieva Fenoll, among others. Through the qualitative method we intend to achieve initial results of a deep investigation to be carried out later, highlighting that we address this issue within the context of the COVID-19 pandemic that has forced a large part of the population to resort to financing in order to survive and / or or continue your business activities.
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Copyright (c) 2022 Johnny Paul Collantes Urbina
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