The availability and facility of proof in civil trials

Identifier:  TFG:586

Handle: https://hdl.handle.net/20.500.11797/TFG586

Authors:  Landete Oliva, Mónica

Abstract:
The main aim of this project is to analyse how consist and operate the principles of facility and availability founded in the 217 article of the lawsuit, what they consist in and how they operate. They are encharged to make the application of the rules referring to the burden of proof. First of all we have analyzed the burden of the proof in general in reference to its origin, purpose, application, addressees which has allowed a better understanding as for how these principles, in which this project is based, work. Second, it has been determined that the finality of these principles is to tax with the burden of the proof to the part which is nearest to the piece of evidence. Third, we have proceeded to analyze each concept separately referring to its similarities, which are very abundant and its differences, quite negligible; although the courts themselves use both principles like synonymous, they are not. To end this analysis, it has been studied how the magistrates and courts apply these procedural rules in real cases, referring specially in cases as the negative to the submission of the paternity proof, the civil responsibility in medical negligence. Finally, many conclusions have been reached among which the following should be outlined: the rules of the proof are of subsidiary application; this means that they are only applied when the facts in which a procedure is based remain uncertain. Its finality is to protect the right to an effective judicial protection and the addressees of these rules are not only the judges but also the parts.