Abstract

LONDONO JARAMILLO, Mabel. Los indicios conductuales en el proceso civil. Opin. jurid. [online]. 2006, vol.5, n.10, pp.143-158. ISSN 1692-2530.

The procedural conducts of the parties can be directed into breaking the norms that have an ethical or moral content established by the legislator; but they likewise can result in the lack of collaboration in the process and with it, it may affect the obtaining of some probative elements required to finally reach a just solution to the litis. In this sense, the Colombian legislator has distinguished the conducts that tend to offset the procedural fraud in a legal performance of the morality principle which may be subject to a disciplinary process that is dispatched in the same cause; and those conducts, procedural as well, that should be valued in the issuing of a sentence because they supply proof arguments through the construction of the respective neglectful, occlusive, and mendacious behavioral indexes. It is this way how, from a procedural conduct carried out by the parties, one can obtain probative inferences leaving out all types of ethical considerations; and that typifies a procedural conduct from the probative point of view.

Keywords : jurisdictional process; judge; law suit; responding to the law suit; neglectful conduct; occlusive conduct; mendacious conduct; indexes; proofs; appraisal; nonappearance; sentence.

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