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Submitted November 25, 2024
Published 2024-11-29

Artículos

No. 54: Anuario de Derecho

The methodology of legal research in the new Code of Civil Procedure in the light of the probative procedure of disclosure (Discovery).


DOI https://doi.org/10.48204/j.aderecho.n54.a6408

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References
DOI: 10.48204/j.aderecho.n54.a6408

Published: 2024-11-29

How to Cite

Carreyó , N. (2024). The methodology of legal research in the new Code of Civil Procedure in the light of the probative procedure of disclosure (Discovery). Anuario De Derecho, (54), 298–323. https://doi.org/10.48204/j.aderecho.n54.a6408

Abstract

In this paper, the Research Methodoflogy is linked to Procedural Law through the examination of the Disclosure or Discovery Proceeding as a method to allow the resolution of conflicts of a civil nature more effectively from the evidentiary angle. The origin of the institute is examined and some guidance is offered on the different instruments reflected in the Civil Procedure Code created by Law 402 of October 9, 2023 and which will come into force on 2025, repealing Book II of the Judicial Code. The study of the institute addressed in this work, together with others such as the definitive enthronement of orality in the civil process and the Preliminary Hearing, require a detailed analysis to ensure that the progress obtained with its use achieves the proposed objectives of procedural efficiency and economy. resulting in justice in line with modernization and scientificity.

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