Examinando por Materia "Idoneidad de la prueba"

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    El documento electrónico en el proceso civil colombiano, requisitos de existencia, validez y eficacia. Un análisis a la luz de los nuevos medios de comunicación
    (Universidad Eafit, 2020) Hoyos González, Manuela; Posada Botero, José David
    Due to the new era of technology, the way the world communicates has changed. The interactions carried out today are done through social networks, which has led to some figures falling into disuse, such as titles, contracts, and even expressions of affection expressed through handwritten letters. Just as the world and technology are in constant evolution, everything around us must progress at the same pace. Human interactions have become countless messages sent through WhatsApp, Facebook, Instagram, and e-mail. With these applications, secrets are shared, relationships are created, contracts are drafted and sent, alliances are created, transactions are made, and sometimes what is communicated leads to breaches and contractual or non-contractual liabilities. This forces individuals to access justice by providing evidence of interactions and file sharing on the social networks listed, thus giving rise to the notion of an electronic document. Therefore, it aims to clarify the concept of electronic document, its regulation to show if it requires a special treatment. To this end, it analyzes the jurisprudential pronouncements on the subject and their requirements of existence, validity and effectiveness, in order to understand this figure within the Colombian civil process, and its procedural stages, as well as the assessment made by the judge. In addition, it proposes a study of comparative law, and an investigation into the legality of the electronic document, and whether its contribution to the process generates a violation of the right to privacy.