Relevant aspects in the application of the burden of proof in civil matters on the occasion of the General Code of the Colombian process

Abstract

In this investigation, before addressing the notion of proof which translates into the imperative need to prove in all fields, the study of all relevant aspects is undertaken in the judicial process. The primary objective of which is to bring absolutely certainty to the judge. This requires an analysis of the burden of proof in a traditional system, which has been complimented with dynamic loading. Following this, we find on the one hand, the judge's powers of instruction, and on the other hand, impartiality, to conclude that its probative initiative should be limited to complement the activity of the parties, and in no way replace it.