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[Expertise test in the new Civil Prosecution Law (Law 1/2000)]
1Sociedad Española de Valoración Médica del Daño Corporal, Madrid. elabordac@amarseguros.com
Abstract:
Expertise test was the object of many controversies in the previous Civil Prosecution Law (CPL) from the way of naming the experts to the difficulties in the receiving payment. The new CPL uses the social process as model and provides civil justice with an agile and guaranteeing procedure. The CPL provides the expert test with a greater amplitude and new range, and should be used at the time of the lawsuit and openly seen. The experts should assume the defense of their arguments and be subjected to the objections of the contrary party. The expert's test becomes a mixed documental and personal test. It also modifies the way of naming the experts and the acceptance that may condition the allocation of funds in the amount considered necessary. The objection is limited to the experts named judicially, it being possible to eliminate them, however, the reason for it should be justified.
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