2014

Gilberto BOUTIN, Professor, Dean, Faculty of Law and Political Sciences, University of Panama, About the Exclusion and the Subrogation of the Principle of Public Order as Cause of Denial to Obtaining Foreign Proofs in the Hague Convention of 1970
This article aims to make a critical analysis of Article 12 of the Hague Convention of 1970, which regulates the reasons or causes of non-performance of legal assistance concerning proofs and excludes the notion of public order, by substituting this notion by the one of State sovereignty and security. Concepts that do not conform to the purpose of the Convention, can, in this analysis, introduce criteria consonant with evidentiary problems such as fundamental principles or human rights, the principle of contradiction, and finally reinstate the notion of public order ignored by said convention.

Key-words: sovereign, security, state, public order, contradictory, human rights

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