Principle of the Initiative of the Parties and the Powers of the Judge

Abstract

This work aims at accounting for the application grounds and scope that the principle of initiative of the parties has and that must be recognized in it within the framework of the Code of Civil Procedure Project, in order to determine the degree of influence in the distribution of procedural roles or tasks. Together with the foregoing, this work attempts to address a series of problems of procedural nature basically arising from enshrining this principle by means of express rules, analyzing their relationship with the contribution of ex officio proof, with the introduction of the de facto elements and with the legal application of Law.