Anticipated Proof to reduce the Culture of Litigation using Comparative Law
DOI:
https://doi.org/10.5377/lrd.v41i1.10502Keywords:
Litigation Culture, Advance Evidence, Right to Proof, Comparative Law, Autonomous Right to TrialAbstract
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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