The proof of law in the jurisdictional procedure.
La prueba del derecho en el proceso jurisdiccional.
| 2016 | |
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comparative law principle of iura novit curia proof (law) theory of procedure derecho comparado principio iura novit curia prueba (derecho) teoría del proceso |
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| Español | |
| Universidad Católica del Uruguay | |
| LIBERI | |
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https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/766
https://hdl.handle.net/10895/4044 |
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| Acceso abierto |
| Sumario: | Abstract.This article shows the results of a study about the evolution of the doctrine of comparative law with regard to the proof of law, taking into account – without exhaustiveness and very probably with omissions – some authors who are considered reasonably representative of legal systems with an origin similar to the Uruguayan one, and, on the other hand, all those who have written in Uruguay for more than a century to that regard. It also gathers all the provisions of the Uruguayan domestic law and all the provisionsof private international law of conventional origin that are in force in this country. Finally, it shows what the author considers that might be a theoretical framework of the problem, that adjusted in particular to the Uruguayan law – though it might be applicable to other systems – may allow to understand and apply the corresponding provisions in a logical, coherent, systematic and without contradiction manner, and maybe suggest some guidelines that could contribute to new writings or complementary writings. |
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