Examinando por Materia "Prueba (Drecho) - Colombia"

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    Análisis de la presunción utilizada por la Sección Tercera del Consejo de Estado por medio de la cual se determina la suma base de liquidación en el lucro cesante cuando la víctima no probó sus ingresos
    (Bogotá : Universidad Externado de Colombia, 2019., 2019) Jaimes Cabeza, Gabriel Alberto; Moreno Cruz, Diego José
    Due to the incoherence and irrationality with which the presumptions have been developed within the legal systems, it has not been possible to clearly identify their basis, characteristics and functionality within them. In the present work, from the traditional procedural treatment that has been given to them and from their theoretical and philosophical study it was possible to recognize four essential characteristics of the presumptions: structure, theoretical reasoning, pretension of truth and defeasibility. Thus, legal presumptions are those norms with a rule structure that seek to propose, on the basis of a basic fact and in the absence of evidence to the contrary, a contingent truth based on reasons of normality, regularity and/or high probability. Applying the above in our legal system, it was established that in Colombia both legally and jurisprudentially the category of presumptions has been recognized for legal norms that do not meet such characteristics, as is the case of the judicial presumption used by the Consejo de Estado through which it sets the base amount for the settlement of the victim who did not prove his income, a possible reason why the effects produced after its application do not turn out to be those expected.
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    La declaración de la propia parte. Análisis comparado acerca de las dificultades y ventajas que pueden ser tenidas en cuenta si se le considera como medio de prueba autónomo
    (Bogotá : Universidad Externado de Colombia, 2020., 2020) Sanabria Rodríguez, David; Nisimblat Murillo, Nattan
    The paper studies the practical complexities of the voluntary declaration of the party itself as a means of proof, addressing its possible condition as such from a historical and purely normative perspective; This analysis, which in turn leads to an exercise of contrast and comparison with the adjective laws of several Latin American ordinances, allows us to determine the differences, affinities and the dependency relationship that exists between the declaration of the party, the interrogalion of the party and the declaration of third parties, so that from the various rules of decree, production and practice can be preached, or not, the absolute or partial autonomy of the first means of proof against the two seconds, whose application can be called prevalent and / or traditional, but not therefore exclusive against a probative tool that, without being novel, must be claimed from its rigorous application and not simply subsidiary.