Eficacia probatoria de los documentos privados

Resumo

The evidentiary effectiveness of private documents is an issue of particular practical relevance as these documents are one of the most commonly used evidence in trials to support claims, as reflected in the case law. This article analyses their incorporation into the process, the control of the admission and, finally, their assessment, as well as the possibilities of action of the parties and the casuistry derived from the incorporation of new instruments, which have been assumed as documentary evidence, with the specialities that these present, in some cases in the possession of the other party. It is essential for its effectiveness that the party relates the private documentary evidence to the subject matter of the proceedings, that it is relevant and useful, depending on the extent to times and on aspects or circumstances specific to the document. The difference between the challenge to authenticity and the evidentiary value is analysed in detail, and there is a relationship between the casuistry case law of private documentary evidence and the evidentiary effectiveness granted to it by the courts, especially in the case of electronic documents, e-mails and telephone messages, although in essence, and as reiterated by the case law, it is always done in conjunction with the rest of the evidence.