El Juez, las partes y las garantías del proceso civil en la distribución de la carga de la prueba

Abstract

The charge’s prove institution is analyzed in regard to distribution that is made by the judge before considering to take part in the approving process decreeing function proves, respecting law’s fundamental prove guarantee renowned in Colombia a part’s contribution principle when look for discover facts which present approving difficulties because of lack of availability between the knowledge in one of the parts that, in turn, does not allow transferring process and, in consequence its impressionability. In this sense, it is shown that the judge has deductive instruments at his disposal for determining how and when, while the process is running, must distribute prove’s charge beyond that is explicitly renowned in the general process’ code that, the way to discover a fact as a consequence of the mentioned distribution, transforms what was a process parts charge in an own duty for getting to a sentence according to real true, which also finalizes one of the main judge’s duties.