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La prueba ilícita en el derecho de familia y los conflictos de valores
The illicit evidence in family law and conflicts of values

Author(s): Rolf Madaleno
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: procedural evidence; illicit evidence; illegitimate evidence; principle of proportionality; family law; typical and atypical evidence;

Summary/Abstract: The procedural evidence is essential for the search for the truth, but it has its ethical and legal limitations, which can yield more relevant values, such as certain family rights. The function of the procedural evidence is to provide the judge with the elements and arguments of his decision, removing doubts and concerns from him, so that he can conclude with conviction and security. This article deals with the legality of the illicit evidence in family law, where the principles of the weighting of rights are superimposed on values that become insignificant rights in front of the values of the family that is the basis of any and all society.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 245-261
  • Page Count: 17
  • Language: Spanish