Civil expert evidence. Some peculiarities in the current Cuban social and judicial context

Abstract

The present investigation analyzes the essential issues that characterize the evidence in the civil process, addressing from judicial practice those particularities that distinguish the expert evidence in the current Cuban civil process, based on the examination of some relevant procedural issues, with emphasis on the main challenges faced by judges in this area. To this end, different methods were used in the development of the research, including the exegetical-analytical, the doctrinal, the historical-logical and the hermeneutical method. The importance of evidence as an important tool for the adequate resolution of the complex judicial conflicts that currently arise is undeniable.  The new Cuban Process Code places the judge as the true director of the process, declaring his active role throughout the entire procedural cycle; precisely, the Cuban judge has possibilities of acting regarding to evidence that allow him to arrive to conviction about the reality of the facts that he knows and, consequently, to issue a ruling that, in terms of efficiency and justice, protects the rights of the parties.