La carga dinámica de la prueba en el código general del proceso como medio de protección del derecho a la igualdad procesal

Abstract

The dynamic burden of proof has been considered as one of the novelties introduced by the general code of the process, since it allows the judge to carry out a more extensive exercise in the evidence, empowering him to transfer the imposition of proving a fact, to the party of the process that has the most contact with the evidence or is easier to prove the facts subject to judicial controversy, taking for granted that the distribution of burdens in relation to the evidence, will in any case allow the natural judge to fully comply with the imposed function, not to commit abuse or arbitrariness within the process, the above in order to guarantee the right to procedural equality, the right to due process