Anticipated Proof to reduce the Culture of Litigation using Comparative Law

Authors

  • Emerson Noe Guevara Reyes Universidad Nacional Autónoma de Honduras (UNAH)
  • Wilfredo Guevara Trujillo Universidad Nacional Autónoma de Honduras (UNAH)

DOI:

https://doi.org/10.5377/lrd.v41i1.10502

Keywords:

Litigation Culture, Advance Evidence, Right to Proof, Comparative Law, Autonomous Right to Trial

Abstract

The following article is developed with the notion of offering possible solutions to reduce the litigation culture and that the parties may have mechanisms to reach consensual agreements and resolve the conflict, all this from elements that the same legal regulations typify, for this I propose a brief but necessary analysis in comparative law to demonstrate what is the notion, that the world is having in terms of the relevance of the parties to resolve their conflicts, I also offer the mechanism of advance evidence as a new notion, with characteristics of autonomy with the mere intention of information, mainly influenced by the current Brazilian procedural law and Common Law origin.

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Author Biographies

Emerson Noe Guevara Reyes, Universidad Nacional Autónoma de Honduras (UNAH)

Lawyer and Master in Procedure from the Federal University of Espiritu Santo in the Republic of Brazil

Wilfredo Guevara Trujillo, Universidad Nacional Autónoma de Honduras (UNAH)

Lawyer and Notary Public graduated from the Universidad Nacional Autonoma de Honduras.

Published

2020-12-03

How to Cite

Guevara Reyes, E. N., & Guevara Trujillo, W. (2020). Anticipated Proof to reduce the Culture of Litigation using Comparative Law. La Revista De Derecho, 41(1), 209–224. https://doi.org/10.5377/lrd.v41i1.10502

Issue

Section

Section 1: Research