APLICACIÓN DEL TEST PROPORCIONALIDAD EN LA ARGUMENTACIÓN DE LAS RESOLUCIONES JUDICIALES EN EL ÁMBITO DEL DERECHO CIVIL

The Judiciary System is just not permanent, complete, coherent and clear, on the contrary, by globalization in technology and information, as well as profuse legislative production, ii has tended to be complex and contradicting, affearing interior and exterior contradictions. So, with this kind of problem the civil Judge has choosen to do a special diligence or application. The main aim of this investigation article is to give to the civil possibility to use the proportion test, so that, the matter of his decision it is not based in the original meaning application (diligence) of law, but it is being realized since the view of Fundamental Rights and Constitutional Principles involved in the certain case.