Inversión en la carga de la prueba en juicios de alimentos : problemas prácticos.

Abstract

In Procedural Law, the general rule establishes that the plaintiff or claimant has the obligation to prove the facts they allege. However, there are exceptions where the burden of proof is reversed, such as in child support cases, where the defendant must demonstrate their financial capacity. The objective of this paper is to analyze the burden of proof in child support cases in Ecuador. This study is based on a doctrinal and jurisprudential analysis of the General Organic Code of Processes of Ecuador, specifically in child support cases. The implications of this reversal of the burden of proof on the protection of claimants' rights and the efficiency of the judicial process are identified. Finally, a resolution is proposed as a solution, which, despite the lack of appearance by the defendants in child support cases, enhances the protection of claimants' rights and the efficiency of the judicial process.