TY - JOUR
T1 - La Sentencia Judicial como medio de prueba
T2 - THE VEREDICT AS EVIDENCE
AU - Seguel, Alejandro Romero
PY - 2012/8
Y1 - 2012/8
N2 - This study explains the possibilities of evidence that a fi nal and enforceable verdict has on the Chilean civil process. As a proceeding, the court's decision constitutes a legal and material reality that can help to prove a fact in a subsequent lawsuit, particularly in relation to the refl ex effect of the verdict to the meaning "ultra parties" of this desition and the value that a judicial sentence has in the production system of judicial precedents. This last statement takes place when a court's decision creates a doctrine on a particular subject or develop a contradiction with previous decisions. Both cases will require legal test of that fact, in order that the Supreme Court can unify the legal doctrine with the object that the courts can resolve with the same rule similar lawsuits.
AB - This study explains the possibilities of evidence that a fi nal and enforceable verdict has on the Chilean civil process. As a proceeding, the court's decision constitutes a legal and material reality that can help to prove a fact in a subsequent lawsuit, particularly in relation to the refl ex effect of the verdict to the meaning "ultra parties" of this desition and the value that a judicial sentence has in the production system of judicial precedents. This last statement takes place when a court's decision creates a doctrine on a particular subject or develop a contradiction with previous decisions. Both cases will require legal test of that fact, in order that the Supreme Court can unify the legal doctrine with the object that the courts can resolve with the same rule similar lawsuits.
KW - Equality before the law
KW - Evidence
KW - Judicial discrimination
KW - Nullity of a sentence
KW - Precedent
KW - Precedents unification
UR - http://www.scopus.com/inward/record.url?scp=84871395815&partnerID=8YFLogxK
U2 - 10.4067/s0718-34372012000200002
DO - 10.4067/s0718-34372012000200002
M3 - Article
AN - SCOPUS:84871395815
SN - 0716-0747
VL - 39
SP - 251
EP - 276
JO - Revista Chilena de Derecho
JF - Revista Chilena de Derecho
IS - 2
ER -