The paper’s main goal is to present to the Chilean legal community the concept and role of the standard of proof. Chile’s evidentiary system is derived from the Spanish legal tradition and specially the legal regulation of the evidence, in terms of its admissibility but also in terms of its weight. A concept of the standard was not needed until the judicial world start dealing with new evidentiary principles such us the free proof and sound criticism of the evidence.
In general terms the idea of the standard of proof pretends to answer a specific question: How much evidence is needed in civil cases, such us civil liability or contract cases, in order to allow the judge to states that an specific fact has been proved?
The papers justify the necessary inclusion of this concept in the future civil procedure reform, arguing its role in evidentiary systems in which the principle of free proof is predominant.
In order to do this, the paper explains the main consideration behind the definition of any given standard of proof. Then shows the different standards of proof in the north American and Australian systems, in order to explain how its conceive in those legal traditions.
Finally the paper presents some thoughts about the different challenges that the Chilean legal culture would face if this legal institution is finally incorporate in the civil justice system.
- estándar de prueba,
- preponderancia de la evidencia,
- reglas de evidencia,
- valoración de la prueba
Available at: http://works.bepress.com/claudio_fuentes_maureira/8/