The Regime of Proof of Fault and Fraud in the Liability for Non-Performance of Obligations in the Peruvian Civil Code

Campos García H.A. · Revista de Derecho Privado (2024) · DOI: 10.18601/01234366.47.03

Resumen

This paper, from a dogmatic perspective, analyzes the role played by the presumption and the burden of proof in the evidentiary activity around fault and fraud within of liability for non-performance of obligations. After a substantive-procedural approach, manifested in the recourse to doctrine and jurisprudence, the convenience of the first and the uselessness of the second in the accreditation of the subjective imputation of this type of liability is concluded, taking as a referent point the normative coordinates of the Peruvian Civil Code.

Instituciones: Pontificia Universidad Católica del Perú