Essay: why is it important to include in the civil procedure reform bill a standard of proof?

Abstract

The following essay criticises the lawmakers’ decision to avoid setting in the civil procedure reform an standard of proof. It is argued that the sole setting of a rational evidence framework is not enough, given that such regulation does not answer the question of when the evidence submitted by the parties is suffcient so the judge can conclude that certain facts are true. Likewise, the essay seeks to give an account of the different roles the standard of proof as a legal institution fullflls and highlights the consequences of its omision. Finally, this work confronts the lawmakers’ justifcations for their decision, reasons that are deemed incorrect.