INELIGIBLE WITNESSES ACCORDING TO CASTILIAN TERRITORIAL LEGISLATION

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Miguel Pino Abad

Abstract

Since the 13th century, there has been a detailed regulation of witness evidence in the legal system. This most certainly arose because of the strong misgivings of the legislator of the time in the light of past experience, when prevailing circumstances forced council authorities to allow all subjective means of evidence to have a greater role. Among these forms of evidence are the testimonies of individuals unconnected to the procedural relationship. What this ultimately demonstrated on many occasions was that their falsehood, a product of a bribe, friendship, enmity, kinship or simple ineptitude, led judges to rule in favour of litigants when in fact they should not have done so.

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