Principle of evidentiary community in the General Organic Code of Processes

Abstract

This paper proposes an analysis of the principle of the evidentiary community included in the General Organic Code of Proceedings of Ecuador, which governs non-criminal actions. According to the principles that govern the administration of justice, judges must resolve conflicts according to competence, complying with the dispositive principle that is included in the constitutional norm and that is also extended by the Organic Code of the Judicial Function, which consists in that the jurisdictional organ must resolve based on the pretensions made by the parties and, evaluating the evidentiary means that they have managed to introduce. By virtue of this principle, the evidentiary means introduced by one of the parties in the judicial process are not only for its exclusive benefit but, on the contrary, become part of the body of evidence that may favor its opponent.