Análisis del artículo 172 del código orgánico general de procesos

Abstract

This monograph entitled "Analysis of the Article 172 of the General Code of Process" is an analysis of the figure of indirect evidence, in its passage through history up to the present, it is known as evidence in our legislation; it also aims to clarify those doubts against this innovation in our legislation, regarding its legal status, valuation effects and practical application in our country The laws that recognize this figure as an evidence contain express rules that regulate its valuation and effects, but in Ecuador doesn’t occur in that way. In the Code of Civil Procedure it’s poorly mentioned, being a big mistake that will be resolved with its inclusion in the General Code of Process. The judicial presumptions are the reasoning of the judge based on evidence duly accredited by one of the litigants, which can be distorted by the procedural counterparty, so It doesn’t cause legal uncertainty if you are assessed objectively by the Judge. The assumptions to be taken by the judge must meet three requirements: being serious, being precise and consistent. Indirect evidence will be assessed by the system of sound judgment. All of these information is the result of research and collection of data from national and foreign doctrine, analysis of other laws and our own codes in which indirect evidence is regulated, and also the study of cases that will allow to answer many questions.