Publicación

The parity of arms in the civil process: its comparative recognition and in Chilean law

La paridad de armas en el proceso civil: su reconocimiento comparado y en el derecho chileno
Fernando Orellana Torres · Álvaro Pérez Ragone

Resumen

The analysis of equality in the civil process, through the parity of arms, imposes a historical reconstruction of the legal institutes, seeking to better understand the problems of our present. The parity of arms has had greater recognition and attention in criminal matters as a component of the fair trial. Hence the need to initially locate the problem of equality in the courts, and then, in a second stage, seek to identify the barriers that inhibit its fullness and propose solutions to overcome it. Important in this sense is the determination of the content and limits of the parity of arms in the civil process, identifying the basic mechanisms for its development. Through a dogmatic and comparative study, the hypothesis of the imperative of equality of arms in the civil process is tried to be verified.

Autores y colaboradores

Authors

Fernando Orellana Torres

Palabras clave

Civil proceeding Equality of arms Fair trial