Abstract

PEREZ RAGONE, ALVARO JAVIER  and  TOLEDO, PABLO ROBERTO. Evidence Flexibility And Dilemmas In The New Chilean Costumer Procedural Law. Rev. Derecho [online]. 2020, n.54, pp.89-112.  Epub June 20, 2021. ISSN 0121-8697.  https://doi.org/10.14482/dere.54.345.

This paper examines dogmatically and comparatively the burden of proof in the matter of costumer litigation from the recent amendment to the Chilean positive law in this regard. The problem of inequality of the parties in the access and production of evidence is a permanent problem in the costumer proceedings. The reform focuses on it to offer a mechanism to shovel that. It can be concluded by highlighting the positive aspects of incorporating evidentiary flexibility in an area such as that of the costumer proceedings. Now the introduced norm should be read following the distinction made on the load it imposes, which makes it possible to note that the final passage of the standard is consistent with the dynamic load variant of the test as a requirement for collaboration. This is so, because the company would be enough to provide the evidence it has, without relying on silence or the mere denial of the factual hypothesis held by the consumer, but would not bear the burden of clearing the uncertainty about the fact controversial, as the first part of the norm does. In synthesis, for this second manifestation of the analyzed rule, the producer must provide all the information that is in his power, but does not suffer the consequences of the uncertainty that can subsist once verified that active collaboration in the clarification of the facts.

Keywords : Costumers; burden of proof; collaboration.

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