Evidentiary valuation of commercial public documents: preference of legal criteria [valoración probatoria de los documentos públicos mercantiles: prevalencia de criterios jurídicos]

The purpose of this paper is to offer a explanation regarding the evidentiary valuation of commercial public documents in which a diversity of concurring criteria are considered, assigning a preference to the legal criteria derived from the objectives of public trust in Commercial Law. We abandon the categories that the doctrine denominates “Legal Proof” and “Free Proof”, and propose an integrated perspective of the elements that participate in the judicial activity of evidentiary valuation and decision on facts. We hold the need to maintain a communion between, on one hand, the measures established by Commercial Law to reach a safe and efficient development of trade and, on the other hand, the judgement of facts in processes where matters regarding commercial acts, contracts and operations are being discussed