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The presumption of fact as a legal figure in German civil procedure law

Authors

  • Carlos Correa Robles Abogado, LL.M. Universidad Libre de Berlin, estudiante de Doctorado, Universidad Libre de Berlin
No. 20 (2014): Primer semestre
https://doi.org/10.5354/rej.v0i20.36321

Abstract

Considering the general framework of establishing a system of free appraisal of evidence in the Chilean procedure law, two institutions that are intimately related to the object of this work are presented, these are the legal presumption (revocable and irrevocable) and the so called prima facie evidence. Later on, a detailed study of the presumptions of fact is done, analyzing the discussion about its juridical nature, and also an exhibition of the cases where it is applied by the jurisprudence. Objective of this work is to formulate a theory of the presumptions of fact in the procedural law, which is able to overcome the objections made by the specialized literature for its recognition and practical application.

Keywords:

presumption, evidence, appraisal of evidence, burden of proof

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How to Cite
Correa Robles, C. (2015). The presumption of fact as a legal figure in German civil procedure law. Revista De Estudios De La Justicia, (20), pp. 115–170. https://doi.org/10.5354/rej.v0i20.36321
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Revista de Estudios de la Justicia
Facultad de Derecho
Universidad de Chile
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