PROCEDURAL AGREEMENT ABOUT BURDEN OF PROOF

Abstract

This work deals with the burden of proof theme and its distribution through procedural conventions. First it is defined the precepts of evidence, duty and burden. A historical evolution is traced, expounding the evolution of native juridical thought, regarding the burden of proof and to whom it may affect, as well as regarded to the facts it must relate to. It is presented the dynamic theory of the probationary burden of proof along with the practical consequences of its application. Comparing the Civil Procedure Code from 1973 to the Code of 2015 currently in force. This way the objective is to situate the theme and understand the interpretation given to the distribution of the burden of proof. The procedural seguinconvention is studied emphasizing that related to the distribution of probationary encumbrance. At this point the text specifies the requirements of procedural convention validation over the burden of proof. As well as the consequences stemming from the recognition of the judge in its invalidation.