La adecuada valoración de la prueba en el proceso civil ecuatoriano.

Abstract

The assessment of evidence is that activity of intellectual order, carried out by the judge, by which he forms his conviction about the facts employing the evidentiary means practiced in the process. However, to perform this assessment, it is necessary to refer to article 164 of the General Organic Code of Proceeding, which mentions the way to make it, being this, concerning the rules of sound criticism. This term in our country is still ambiguous and vague, so it becomes essential to clarify it since this judicial work is of utmost importance in the daily practice of the jurisdictional body. Therefore, to safeguard the rights and procedural guarantees of the parties. However, such work does not end whit the sound criticism as evidentiary assessment, but certain bases are needed to perform this judicial work more effectively and efficiently, so in this degree work, we will critically analyze such minimum bases to perform an adequate assessment of evidence, which cannot be ignored by the operators of justice and the entire system involved. In addition, we will analyze everything concerning evidence, their assessment, and the current system in the civil process.