El manejo y valoración de los indicios en la jurisprudencia de la Corte Suprema de Justicia en los procesos de simulación de contratos (2010-2012)

Abstract

Based on the figure of simulation in Colombia, has been made law, not only in its substantive aspect, but procedure and evidence, it wanted to investigate which has been handling given by the Supreme Court in its Cassation civil and Agrarian, to circumstantial evidence, within the processes of simulation contracts during the period between 2010 and 2012. To that end, the judgments of appeal related to the research question, inquiring of evidence which the Supreme Court for settlement of the case are served and how valued analyzed. In the end, we find that in the judgments studied the same criteria of interpretation that has been decanted into years of jurisprudence, without offering any new stance on that flank applies: the very fact indicator; and finally the same inference, a fact that indicated a drive beam indiciario conclude simulation.