The study criticizes the understanding of the burden of proof in our judicial system and discusses controversial applications of the burden of proof as a judgment rule in relation to compliance or civil non-compliance, in the field of contractual medical liability and in the specific area of the so-called exceptio non adimpleti contractus of synalagmatic contracts. The analysis will focus on the specific procedural problems of burden of proof on the subject of alternative proof of compliance-civil breach, from an approach that will take into account normative and jurisprudential issues in Chilean law, and the possibilities offered by a treatment of those from the perspective of systematic criteria developed by procedural dogmatics.
|Translated title of the contribution
|THE BURDEN OF PROOF IN RELATION TO CIVIL COMPLIANCE-NON-COMPLIANCE AS THEMA PROBANDUM IN MEDICAL LIABILITY AND EXCEPTIO NON ADIMPLETI CONTRACTUS
|Number of pages
|Revista Chilena de Derecho
|Published - 1 Dec 2021
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