Burden of proof, complexities and flexibility in the Paraguayan civil process

Abstract

The research work aims to demonstrate the degree of flexibility of the institute of the burden of proof in the paraguayan civil procedure that can no longer be analyzed on old flying buttresses, considering that the dynamism of the law invites to reformulate the issue denoting more equitable and rational criteria. Starting from the cult that is made to the institute of the burden of proof, reflect on the idea that it has to mutate adjusting its coordinates to the new times on broad and non-restrictive bases, since in fact it constitutes a relevant issue of the procedural scenario. The applicability of the criteria for the distribution of the burden of proof supposes the failure of the judicial task, the judge finds himself without evidentiary elements to resolve, this is where the burden of proof emerges inviting the court to resolve avoiding the non liquet, having to do it in the fairest way possible,  This orientation constitutes an epistemic objective of  the litigation method, although it should be noted that when applying  the criteria for the distribution of the burden of proof, the guarantee of veracity becomes somewhat nebulous.  For its development, methodologies of case analysis and comparative law adjusted to the subject matter addressed have been applied.