Criterios jurídicos para el cuestionamiento de la prueba pericial en el COGEP.

Abstract

The expert evidence is a means of evidence that allows the administrators of justice to verify through the senses the facts that are the subject of the conflict and the procedural parties to reach the claims they pursue. To achieve this, current legislation has implemented in our legislation legal mechanisms that seek to enforce a right through the verification of the facts. Among the tools mentioned above is the expertise that consists mainly in the application of the knowledge of a natural or legal person expert in a science, profession, art or trade that facilitates the information to the process. The same information that reaches the judge is known by the name of an expert opinion, which is nothing other than a document in which it externalizes all the expert's knowledge regarding the matter in which it is requested. The purpose of the study is to object to the expert report, relate the adjective norm to the noun and conclude that key points allow the lawyer to establish the illegality or illegitimacy of an expert evidence. To reach that conclusion we will first point out the conceptual generalities around the topical expert evidence; later we will indicate its background and legal nature and then we will make an analysis of what our civil norm establishes in this regard; later in the second chapter we will analyze the norm and the possible points that could detract from an expert report.