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On-line version ISSN 0718-9753

Abstract

HUNTER AMPUERO, Iván. ROLE AND AUTHORITY OF THE CIVIL JUDGE: A LOOK FROM THE EFFICIENCY OF THE PROCESS. RDUCN [online]. 2011, vol.18, n.2, pp. 73-101. ISSN 0718-9753.  http://dx.doi.org/10.4067/S0718-97532011000200004.

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.

Keywords : Judge's authority; process efficiency; just decisions; procedural truth.

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