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- Title
La petición de la prueba testimonial ante la jurisdicción de lo contencioso-administrativo.
- Authors
González Vargas, Víctor Mauricio
- Abstract
Declarations were introduced in our legal system as a legal duty and a means of evidence through a third party on facts that are of interest to the proceedings. For its judicial practice, the General Proceedings Code established a series of requirements that must contain a request for proof, which, if not complied with, the result is full denial. The purpose of this article is to analyze each of these requirements and the reason for its positivization, delimiting its study to the decree of the test in the Contentious-Administrative Jurisdiction. For such purpose, different academic and jurisprudential opinions were considered, and based on them it was concluded that the requirements set forth in the rule, to access third parties declarations, are not just a mere formality, but they meet specific purposes within the proceedings, such as identifying and locating witnesses; determining the relevance, propriety, and usefulness of evidence, in addition to ensuring the right to contradiction of the counterparty.
- Publication
Diálogos de Saberes, 2018, Issue 49, p69
- ISSN
0124-0021
- Publication type
Article
- DOI
10.18041/0124-0021/dialogos.49.2018.5247