La verdad de los hechos como conditio sine qua non de una decisión judicial justa en el pensamiento de michele taruffo

Abstract

In this article we analyse the topic about establishing the true facts in issue as one of the essential requirements for justice of the judicial decision according to the theory of fair judicial decision from Michele Taruffo. Previously we deal the meaning and the function of truth on the legal context and specifically on civil procedure in order to relate its relation with procedure and evidence. It means the conception of civil procedure like a method in order to solve a private dispute with a fair judicial decision and therefore guided to searching the truth. Furthermore in civil procedure the evidence shows an epistemological function as instrument whereby it is possible to know the truth of the facts and the judge plays a leading role in this searching because is the main guarantor of fair judicial decision.