Examinando por Materia "Oralidad"
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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 DavidThis 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.Ítem Simonides of Ceos and poetry as téchne(Universidad EAFIT, 2012-12-13) Pájaro M, Carlos Julio; Universidad del NorteÍtem La simple declaración de parte como medio de prueba en el proceso civil en Colombia(Universidad EAFIT, 2021) Castaño Salazar, Juan José; Posada Botero, Jose DavidColombian judicial procedures have undergone major changes since the issuance of the General Process Code, Law 1564 of 2012. The most significant change was the move from a written system to a predominantly oral one that is developed through hearings. This has meant a restructuring of the process, of the hearings and, especially, of the procedural rules or maxims of the evidence. The magnitude of these changes has not been fully understood, which implies that controversies arise between those who maintain that there has been a true change in a specific matter and those who deny that there is a mutation in this same matter. For the specific case, some variations are identified in the regulation of the simple declaration of part with respect to the emergence of the General Code of the Process that, seem to indicate that the simple declaration of part was enshrined in this new statute as an autonomous means of proof and different from confession. However, there are those who deny the existence of the simple declaration of part as a means of proof and maintain that there has been no difference with respect to the previous regulation.