Percepción contemporánea de la prueba documental "producción, asunción y valoración.
Fecha
2021-06-30Registro en:
Avendaño, Luis. (2021).Percepción contemporánea de la prueba documental "producción, asunción y valoración.. trabajo de posgrado Universidad santo tomas. Tunja.
reponame:Repositorio Institucional Universidad Santo Tomás
instname:Universidad Santo Tomás
Autor
Avendaño Alba, Luis Vicente
Institución
Resumen
Humanity will always be in a constant evolution, seeking to satisfy both its basic and professional, intellectual and labor needs; For this, multiple tools have been generated that have allowed these changes. So much so that today we are known as the information society which is made up of a set of subjects, information and technology that, when integrated, allow the generation of new and better knowledge. Regarding the legal field, the information society has been in charge of generating various situations that have changed the way of seeing the judicial environment, basically the ways of conducting business or contracts that later become judicial evidence, as well as in the procedural field, in which initially the evidence, including documentary evidence, was provided physically, a procedure that can now be done either magnetically or virtually.
Said evidence is known as documentary evidence (data message) and it is stipulated in our Colombian ordinance article 243 of Law 1564 of 2012 General Process Code, and Law 527 of 1999 which defines and regulates the access and use of the data messages, among other provisions, regulations that broadly support the treatment that should be given to this type of test, but which in practicality still generates certain uncertainty, especially in its production, assumption and evaluation.
For this reason, it is important to determine what are the phases of the probative activity of the intangible documentary evidence, if they are the same as the traditional documentary evidence or require something more.
For this reason, an eminently theoretical and qualitative perspective was adopted as the methodology of this research work, which is subject to the evaluation of the collected documentary sources, from an analytical, descriptive and in-depth point of view.