Post by soyeb19 on Feb 18, 2024 4:48:04 GMT -5
The new wording of article 477 of the Civil Procedure Law includes the cases in which it is appropriate to file an appeal for cassation and the resolutions that may be the subject of this appeal. The sentences that put an end to the second instance handed down by the Provincial Courts will be appealable in cassation when, in accordance with the law, they must act as a collegiate body. The orders and sentences issued in appeal in processes on the recognition and execution of foreign sentences in civil and commercial matters based on international treaties and conventions, as well as on European Union Regulations or other international standards, may also be subject to an appeal in cassation, when the corresponding instrument allows it.
The appeal must be based on the violation of procedural or substantive rules, provided that there is a cassation interest, but an appeal may be filed against rulings issued for the judicial protection of fundamental rights susceptible to an appeal for protection , even when there is no cassation Whatsapp Database interest. . An appeal will be considered to have cassational interest when the appealed resolution opposes the jurisprudence of the Supreme Court or resolves points and questions on which there is contradictory jurisprudence of the Provincial Courts, or applies rules on which there is no jurisprudence of the Supreme Court. In the case of cassation appeals that must be heard by a Superior Court of Justice, it will be understood that there is cassation interest when the appealed ruling is contrary to jurisprudence, or there is no jurisprudence of the Superior Court of Justice on special law rules of the corresponding Autonomous Community, or resolve points and questions on which there is contradictory jurisprudence of the Provincial Courts .
The First Chamber or, where appropriate, the Civil and Criminal Chambers of the Superior Courts of Justice, may appreciate that there is a well-known cassation interest when the contested resolution has been issued in a process in which the disputed issue is of general interest for the uniform interpretation of state or regional law. It will be understood that there is general interest when the issue potentially or effectively affects a large number of situations , either in itself or because it transcends the case that is the subject of the judicial process.
The evaluation of the evidence and the establishment of facts may not be the subject of an appeal, except in cases of factual error, patent and immediately verifiable based on the proceedings of the process. When the appeal is based on the violation of procedural rules, it will be necessary to prove that, if possible, the violation was previously reported in the instance and that, if it occurred in the first instance, the complaint was repeated in the second instance. If the procedural violation has caused a rectifiable fault or defect, the correction must have been requested in the appropriate instance or instances.
The change in the regime of extraordinary appeals seeks to adjust to the jurisprudence of the Constitutional Court, the European Court of Human Rights and the First Civil Chamber of the Supreme Court, which emphasize the special rigor of the requirements for admission of the appeal of cassation. . With this reform, it is expected to speed up the processing of appeals and improve the functioning of the legal system in civil matters.
The appeal must be based on the violation of procedural or substantive rules, provided that there is a cassation interest, but an appeal may be filed against rulings issued for the judicial protection of fundamental rights susceptible to an appeal for protection , even when there is no cassation Whatsapp Database interest. . An appeal will be considered to have cassational interest when the appealed resolution opposes the jurisprudence of the Supreme Court or resolves points and questions on which there is contradictory jurisprudence of the Provincial Courts, or applies rules on which there is no jurisprudence of the Supreme Court. In the case of cassation appeals that must be heard by a Superior Court of Justice, it will be understood that there is cassation interest when the appealed ruling is contrary to jurisprudence, or there is no jurisprudence of the Superior Court of Justice on special law rules of the corresponding Autonomous Community, or resolve points and questions on which there is contradictory jurisprudence of the Provincial Courts .
The First Chamber or, where appropriate, the Civil and Criminal Chambers of the Superior Courts of Justice, may appreciate that there is a well-known cassation interest when the contested resolution has been issued in a process in which the disputed issue is of general interest for the uniform interpretation of state or regional law. It will be understood that there is general interest when the issue potentially or effectively affects a large number of situations , either in itself or because it transcends the case that is the subject of the judicial process.
The evaluation of the evidence and the establishment of facts may not be the subject of an appeal, except in cases of factual error, patent and immediately verifiable based on the proceedings of the process. When the appeal is based on the violation of procedural rules, it will be necessary to prove that, if possible, the violation was previously reported in the instance and that, if it occurred in the first instance, the complaint was repeated in the second instance. If the procedural violation has caused a rectifiable fault or defect, the correction must have been requested in the appropriate instance or instances.
The change in the regime of extraordinary appeals seeks to adjust to the jurisprudence of the Constitutional Court, the European Court of Human Rights and the First Civil Chamber of the Supreme Court, which emphasize the special rigor of the requirements for admission of the appeal of cassation. . With this reform, it is expected to speed up the processing of appeals and improve the functioning of the legal system in civil matters.