La carga de la prueba frente a la prueba oficiosa en materia civil

Abstract

It is a matter of exposition in this text; the incoherence that exists in the new Colombian civil procedural regulations, which contains in its articles the responsibility to decree evidence by the judges and at the same time provides that the burden of the proof is on the head of both parts. It will be evident that the new legislation has become the court into a litigator, becoming him into a judge and being part in the processes, demonstrating the inconsistencies and absurdities that this new evidence approach contains. In this work, we will examine the different systems of initiative evidence that have historically been presented, exposing criticisms, properly based on the novel but misguided regimen.