Resumo

MANRIQUE-GARCIA, Johann. PROOF OF FOREIGN LA WIN COLOMBIA: A COMPARATIVE ANALISYS. Int. Law: Rev. Colomb. Derecho Int. [online]. 2012, n.20, pp.47-70. ISSN 1692-8156.

The international private law requires that states must have a tribunal system with the disposition to apply the rules of international law when a party in litigation is not a national of the country. One component of the international private law is the proof of the foreign law, which is analyzed from a comparative perspective between the state of the art in Colombia with countries that have a Common Law legal system and nations of the continental Europe. The critical review is made under three topics: the proof of foreign law as a matter of fact or law, the burden of proof and methods of proof. The prospects for Colombia in these areas will be confronted with the most recent developments in other jurisdictions. The conclusion is that the question of the proof offoreign law in Colombia does not keeps correspondence with the civil law system international standard, suggesting that is necessary to incept comprehensive legislation on private international law.

Palavras-chave : Proof of the foreign law; burden of proof; ex officio proof; method of proof; ALI/Unidroit; General Code of the Process; Conflict of laws; international law; civil procedure (International law); legal section; criminal jurisdiction.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )