LA SENTENCIA JUDICIAL COMO MEDIO DE PRUEBA

Abstract

This study explains the possibilities of evidence that a fi nal and enforceable verdict has on the Chilean civil process. As a proceeding, the court's decision constitutes a legal and material reality that can help to prove a fact in a subsequent lawsuit, particularly in relation to the refl ex effect of the verdict to the meaning "ultra parties" of this desition and the value that a judicial sentence has in the production system of judicial precedents. This last statement takes place when a court's decision creates a doctrine on a particular subject or develop a contradiction with previous decisions. Both cases will require legal test of that fact, in order that the Supreme Court can unify the legal doctrine with the object that the courts can resolve with the same rule similar lawsuits.