Summun Ius: Carga de la Prueba Corresponde al Denunciante del Fraude Procesal

Carga de la Prueba Corresponde al Denunciante del Fraude Procesal

N° SENTENCIA: RC.000002

N° EXPEDIENTE: 20-038

PUBLICACIÓN: 01/03/2021

EXTRACTO:

“En ese sentido, de acuerdo a lo previsto en los artículos 1.354 del Código Civil y 506 del Código de Procedimiento Civil, los cuales regulan la distribución de la carga de la prueba, corresponde al actor probar los hechos constitutivos y al demandado probar los hechos extintivos, modificativos e impeditivos. (Ver sentencia Nro. 305, de fecha 3 de junio de 2009, caso: Rafael Martínez León contra Yolanda Peña de Angulo).

En ese sentido, de acuerdo a lo antes expuesto, corresponde a la parte denunciante comprobar sus dichos, en cuanto al presunto fraude procesal delatado en el presente juicio de simulación; ello así, del acervo probatorio que conforma el caso de marras no se evidencia que la denunciante haya logrado comprobar sus dichos”

Pregunta: ¿Qué tipo de pruebas utilizaría para probar el fraude en este juicio?. Por favor, escriba su respuesta en la caja de comentarios.

Fuente: http://historico.tsj.gob.ve/decisiones/scc/marzo/311330-RC.000002-1321-2021-20-038.HTML

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