Vulneración al principio de confianza legitima en el proceso civil

Abstract

This research addresses the issue of how the principle of legitimate trust is violated in the Colombian civil process, such violation originates exactly in the lack of binding force between the sense of the ruling and the judicial sentence issued by the judge. The methodology used was merely qualitative since only the doctrine and jurisprudence were those sources that gave body to the whole research, the type of research used was the juridical-historical since the origin and foundation of the principle of legitimate trust was used, together with the juridical research which helped to apply said principle in the gaps found in the General Code of the Process. The result of this research confirmed in the first place that there was a gap in the General Code of Law in which the judge could rule differently from that announced in the sense of the ruling, and secondly that there is a violation of the principle of legitimate trust, since this principle protects the expectation based on a legitimate source, such as the announcement of the sense of the judge's ruling.