La exhibición de documentos probatorios y soportes informáticos

Abstract

The objective of the PhD thesis is the analysis of the institute of the exhibition of documents (of an evidentiary nature and technical support) in the Spanish civil procedure. It deals with addressing a momentous problem of the practice of documentary evidence: the access to the document on behalf of whom intends to introduce it in the procedure, when this is found in the power of the opposite litigant or of a third party beyond the procedure. The issue until now, hasn't been worthy of a monographic approach in Spanish Law, in open contrast to what occurs with more advanced legal systems of our environment. In this work, what has been examined is the existing scientific bibliography, which deals with the different general aspects of the exhibition of documents, as well as abundant jurisprudence; it has dealt with providing the institution from a solid doctrinal base, as well as the resolution of numerous practical and theoretical problems that arise, analyzing the different mechanisms that the legal system offers in order to allow the litigant access to the documents that are required so as to advance the claims which I have attached in the procedure. Particularly, the subject of the exhibition of technical support has been tackled, a matter entailing new, special problems, which until this point, have hardly been studied.