Producción de la prueba documental : su problema en la práctica.

Abstract

The proof, an instrument made up of factual facts; material or incorporeal, which aim to bring the judge to the full conviction to make a decision within a process, which will be duly motivated by judgment, as provided by the General Code of Processes in their articles 80 and 90. Being a mechanism that holds so much relevance in the procedural law, our legalization in the civil scope, implements a series of articles that try to ensure the validity, effectiveness and seeks to direct the parties in a lawsuit to the correct production of the proof. "The spirit of the law" in article 196 of the General Code of Processes, the production of proof, seeks to establish guidelines for the correct practice of the proof in oral hearings. While these are true, being merely guidelines which do not contain substantial rights, but are part of the adjective right, in practice they are taken with such a drastic literalness that, if not fully complied with, can in many cases lead to Judges may reject the evidence, even when it was correctly rigged at the plaintiff and contains all the requirements for its validity, seriously affecting the constitutional provision that indicates that justice will not be sacrificed by the mere omission of formalities.