Documentos en el proceso canónico: presentación y eficacia desde su calificación

The evolution of the technology has made proliferate means and supports that can have to be exhibited in the process. Due to this necessity, the author carries out a study of the concept and the practice in the matter of documentary evidence, from the forecast to incorporate to the process that information contained in other supports. The study begins analyzing the general document concept and its application to the process (civil and canonical); the document concept studies in canonical right, and indications become on the incorporation of the document to the canonical process; it is important to emphasize like foundation in this matter the probatory force of documents according to the canonical law. Together with the previous thing, also one considers the concept and the effectiveness in judgment of documents in the civil law, as a result of the c. 1540, §2°. The forecast of the present canonical legislation is to obtain a procedural system of ample document contribution in the canonical process. In this way the power of the judge replaces the apparent Straits limits of the norm, because the same judge has ample faculties of incorporation to the process of documents as well as of valuation. The author finalizes exposing who the possible admission of present means and supports in the canonical process, under the private document denomination (leaving another possible qualification out of danger). These documents are going to allow that other elements of judgment comprise of the process, favoring the process. The object of the process will be made agile but without less rigor.