Examinando por Materia "Hearing"

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  • No hay miniatura disponible
    Ítem
    Análisis de los procesos verbal y verbal sumario en el código general del proceso : fortalezas, falencias y propuestas
    (Universidad EAFIT, 2023) Rivera Giraldo, Sebastián; Hincapié Escobar, Camilo; Posada Botero, Jose David
    Considering the high rate of judicial congestion that Colombia faces for the year 2022, surges the idea to analyze the rules of the General Procedural Code, specifically those relating to verbal and verbal summary proceedings (contained between articles 368 and 373, and 390 and 392, respectively), in order to identify their strengths and flaws; the analysis will focus on the principles of procedural economy and legality of the forms, which promote efficiency in the administration of justice and the freedom of the legislator to establish rules aimed to comply with the principles, and, based on this analysis, propose reforms aimed at optimizing the current regulation of verbal and verbal summary proceedings, in order to achieve greater efficiency in the resolution of conflicts.
  • No hay miniatura disponible
    Ítem
    Análisis Decreto 806 de 2020 y Código General del proceso, cambios en el sistema procesal oral
    (Universidad EAFIT, 2021) Montoya Díaz, Jenny; Posada Botero, José David
    This monographic study will address the key new ideas of Decree 806 of 2020, which implements information and communication technologies in judicial actions carried out in Colombia. Also addressed is the response to the atypical circumstances generated by the pandemic in order to guarantee the people's access to justice. The intention, in relation to the General Code of Proces, is to analyze the relationship in the development of procedural acts while also examining the processes which have been changed and the impact that those changes generate within the oral procedural system. Initially, the study and review of this decree will be approached bearing in mind one of the objectives of this investigation, which is to determine if the provisions of the decree have allowed orality to be consolidated as the preponderant procedural system in the administration of justice before the judges. civil and family, or if, on the contrary, it has not achieved this effect and has led to it weakening, bearing in mind the interaction restrictions generated by the COVID-19 pandemic. Other changes will also be addressed that, although they are not directly related to orality, as they are more linked to the written phases of the process, it is considered that an improvement of the standard of the administration of justice should affect, such as the handling of the digital file, the way in which the powers are granted to act in the field of the jurisdictional process, the presentation of the claim and annexes, and the way in which the different procedural acts are notified.
  • Miniatura
    Ítem
    Consenting to being spoken to. Thoughts on Listening
    (Universidad EAFIT, 2007-11-05) Vélez Upegui, Mauricio; Universidad EAFIT