Aplicabilidad de la carga dinámica de la prueba en el régimen de responsabilidad subjetiva del Estado colombiano

Content Provider	Semantic Scholar
Author	Villarreal, Duarte Mayerly, Erika
Copyright Year	2017
Abstract	This legal investigation, carried out by means of the dogmatic and Hermeneutical research method, aims to identify the way in which the judicial operators have applied the dynamic load of the test in the Determination of the Anti Legal damage and the legal imputation of the regime of subjective responsibility of the Colombian State. For this, we examine in a deductive, systematic and integral way the doctrinal elements collected in the aporetic phase of the investigation and, analyzes various failures proffered by the Constitutional Court and the Council of State in this respect that have been Determinants in the applicability of the theory of the evidentiary law called dynamic load of the test – where the judge or judicial operator in use of his discretionary faculties and, according to the internal legal order decides to invest the burden 2 This article was carried out by the author with the purpose of complying with the guidelines established by Dr. Jorge Enrique León Molina – Director of degree work – and by the Research Centre of the Faculty of Law of the Catholic University of Colombia, to opt for the title of lawyer. 5 of proving the facts that They are alleged among the subjects or procedural parties, thus acquiring the mandate or obligation to prove that person who is in better condition to do so-in the regime of responsibility of the Colombian State.
File Format	PDF HTM / HTML
Alternate Webpage(s)	https://repository.ucatolica.edu.co/bitstream/10983/15613/1/APLICABILIDAD%20DE%20LA%20CARGA%20DIN%C3%81MICA%20DE%20LA%20PRUEBA%20EN%20EL%20R%C3%89GIMEN%20DE%20RESPONSABILIDAD%20SUBJETIVA%20DEL%20ES.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article