Who is the real protagonist of the proof of trade?The judge or the parties?

Abstract

As part of the presentation of the reform project of the peruvian Civil Procedural Code, the authors are in the crossing of the legal investigation, considering necessary the analysis of the article 194 of the Civil Procedural Code, which refers to the proof of trade, propose a three-dimensional bond between proofs, process and truth, and then analyze whether the proof of trade should be a duty power or discretionary power, identifying some problems in the reform, including Observed Endangering the essence of the judge’s probation initiative, and who is the protagonist of the proof of trade? The judge or the parties? This work will also allow us to know more about the evolution of this legal figure, also the compared legislation will help us to have a greater perspective; Do you remember the problems? after that, the authors analysis propose some alternatives as requirements, mainly focus on maintaining the primary characteristic of the proof of trade and legal predictability