Abstract

GARCIA FORERO, Fernando Alberto. DECLARATION OF SUBSTANTIALLY PREPONDERANT POSITION. Estud. Socio-Juríd [online]. 2002, vol.4, n.2, pp.198-212. ISSN 0124-0579.

The present article proposes a legal mechanism of exceptional application (so-called "declaration of substantially preponderant position") which would allow the Colombian tribunals to rapidly decide upon the patrimonial liability of the State. The figure would only be applicable if at the beginning of the trial three issues were made evident: (i) the evidentiary and procedural strength of the plaintiff; (ii) the evidentiary weakness and lack of interest of the defendant; and (iii) the total definition in the jurisprudence of the object of debate. The text explains why, when putting in practice the proposed mechanism the customs in virtue of which the judicial claims system is currently no efficient should change.

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