Assumptions in the civil. Effects

Commentary on the Tribunal Supremo of 3 october 2011

Abstract

The assessment of evidence can only access the resource exceptionally extraordinary procedural violation by the existence of a manifest error or arbitrariness in the evaluation of evidence or the infringement of a rule assessed valuation of the evidence that has been breached. The expert opinion does not prove irrefutably a fact, but merely the personal discretion or conviction made by the respondent in accordance with the background provided, and not bind the Court is not obliged to subject the opinion of experts. The judicial presumptions can be deduced, from a fact admitted or proven, certain other facts provided between the first and second there is a precise and direct link under the rules of human criteria. Only when the reality of the fact declared based on the court departs from the rules to illogical conclusions in deductive process can be understood to have violated the fundamental right to effective judicial protection. The rules of distribution of the burden of proof, only infringe when, not estimated proven facts, the consequences are attributed to the absence of proof to whom according to general rules or specific statutory or case law, not for it to pass, and therefore does not correspond to the pond he is accused or deficiency of proof.