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ROL Y PODERES DEL JUEZ CIVIL: UNA MIRADA DESDE LA EFICIENCIA DEL PROCESO

DOI: 10.4067/S0718-97532011000200004

Keywords: judge's authority, process efficiency, just decisions, procedural truth.

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Abstract:

this article intends to show the close connection between judge's authority and the process efficiency. in order to achieve this goal we have begun assuming a certain conception regarding the end of the civil process based in the justice of the decision that takes as a necessary, but not enough, condition: the truth of the facts. together with said aim there are others such as a low cost process and done in a reasonable time. in the need to make these aims compatible the judge's authority plays a central role, leading the process to a fair result and in adequate timing, also allowing to freely apply the law -prior contradictory- when it has been wrongly cited, preventing the jurisdictional activity to fail for juridical reasons.

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