Abstract

NUNEZ OJEDA, Raúl; CARRASCO DELGADO, Nicolás  and  ROJAS OLIVARES, Gerardo. Critical Analysis of the Regulation of the Proof Powers of the Parts in the Second Instance in the Civil Chilean Process. Rev. Derecho Privado [online]. 2020, n.38, pp.313-345. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n38.12.

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.

Keywords : Procedural Law; Civil Procedure; Legal Resource; Appeal; Evidence; Probatory Powers of the Parties; Good Faith.

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