Abstract

TOSCANO LOPEZ, Fredy Hernando. Some facets of the right of access to Colombia's Legal System. Rev. Derecho Privado [online]. 2015, n.29, pp.213-232. ISSN 0123-4366.  https://doi.org/10.18001/01234306.n29.09.

This article examines some of the procedural burdens, such as economic hurdles, the procedural requirement of extrajudicial conciliation, the fulfillment of contractual obligations and the mandatory payment of court fees, all which one must overcome in order to access Colombia's legal system and exercise the right to defend oneself. Drawing on constitutional jurisprudence, which has addressed this matter, this article offers a rough outline of the effective right of access to justice. It also suggests that a claim's feasibility does not necessarily have to be taken into account to grant the claim and the claimant has the right to a decision on the merits of the case and the execution of judgments.

Keywords : Access to the judicial process; procedural burdens; court fees.

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