Justificación de los poderes probatorios del juez en el proceso civil: elecciones, riesgos y propuestas de superación

Pía Molina, María
In this essay, it will be afirmed that in order to reach rational and correct decisions, the civil procedure should be design in a way that allows both the judge and the parties to asumme an active role. For this purpose, the diferent models of procedures, and the principles and basis in which they lay, will be analised, as well as the epistemic función of the civil procedure. It will also be discussed whether the judge ́s impartiality and the dispostive principle are jeopardized whenever the judge exercise evidentiary powers and the impact of congnitive biases. Finally, the diverse ways in which the evidentary powers can be exercised throughout the different procedural phases will be adressed ​
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