He appeal It is an element where the application of the law formulated by the Courts of First Instance is examined. The determination of the sentence will be considered by the Supreme Court or Supreme Courts of the Autonomous Communities.
It is an extraordinary resource against the sentences understood in this way because it does not proceed against all the resolutions. Only those that the Law understands can be accessed by the Supreme Court.
He appeal Within the Civil Procedure Law of 1881, it was received against sentences or orders issued on appeal.
Understanding the cassation appeal in the law
A appeal It is mainly characterized by certain aspects that are recognized by the Spanish State.
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Is a extraordinary appeal, understanding that the appeal must have an appeal.
The purpose of this appeal is to protect the interest and application of the law.
The Supreme Court examines the application of the law by other lower courts.
It has a disturbing and reluctant effect. The legal subjects to file are the prosecution, the parties in the trial, the persons sentenced by the trial and their heirs.
The projection of the Constitution It can be seen reflected in Law 1/2000, of January 7, on Civil Procedure. The system projected by the Law of the Spanish State distinguishes certain parameters.
He appeal before the First Chamber of the Supreme Court of Justice for violation of legal norms. They will be civil and constitutional substantives of the jurisprudential doctrine that are affected.
He extraordinary appeal for procedural violation, jurisdiction of the civil and criminal chambers of the supreme courts. The Transitory Regime of the Sixteenth Final Provision of the Civil Procedure Law.
Consequently, the appeal It falls under the jurisdiction of the First Chamber of the Supreme Court. Where they establish different essential elements of the appeal.
The expedition of justice, where it is a resource of "pure marriage”, its only purpose is to establish a doctrine. This will be in accordance with article 490 and following of the Civil Procedure Law.
there is enough legitimacy, such as the prosecution or the mediator, and if it is maintained, it does not modify the situation created by the judgment that was appealed.
It pronounces itself with respect to the autonomous resource contained in article 478 of the Civil Procedure Law. The jurisdiction of the Civil and Criminal Chambers of the Supreme Courts of the Autonomous Communities.
Provided that the appeal is based on the infringement of the rules of civil, provincial or special law of the Community. Taking into consideration when the corresponding Autonomy Statute provided this attribution.
Resolutions in the appeal before their actions
The actionable resolutions they are part of article 477 of the Civil Procedure Law, establishing as such the sentences handed down. These decisions will be made by the Provincial Courts in second instance.
Litigants tend to confuse appellate and second instance judgments with Provincial Courts. Configuring them as those in which the cases that closed the first instance are known.
The incidents of execution of the judgment of the Second Order of the Constitutional Court Consider other instances. Among them is the 1st Chamber of the Supreme Court of Justice of the Federation when there are exclusive cases.
These instances resort to different cases to carry out the application of functions with respect to the facts of the appeal.
When they are issued for civil judicial protection of fundamental rights, except those recognized in article 24 of the Constitution. The presumption of this type of appeal occurs when the process has been followed.
In this judgment is issued for the civil judicial protection of the Fundamental rights, except those recognized by art. 24. From article 477.2 with article 249.1. 2nd being subject to appeal, through this first ordinal.
Substantial elements in the appeal
The possibility of a appeal it is not given simply because the matter in question affects fundamental rights. In whether his judicial protection must have been the specific object of the controversy.
When the process deals with real rights or any civil or commercial matter, this route cannot be used. Faced with the simple means of citing a constitutional precept as violated, even if it refers to a fundamental right.
The value, which must be greater than 600,000 euros, in accordance with the provisions of Royal Decree 1417/2001. The setting is determined in articles 251 and 252, taking into account the variation of the value of the goods.
The claim of the plaintiff and the counterclaim of the defendant cannot be added. This amount does not include the interest claimed by the locality, once the amount is set, they cannot modify it.
There must be correspondence of interest, this reason includes a new version of the old call to unification of doctrine. Occurs before the sentences handed down by the Provincial Courts when: 1 Violating the jurisprudential doctrine of the Federal Supreme Court.
When the core of the decision has as its object the dispute in which there is contradictory jurisprudence in decisions. When there is no doctrine of the Federal Supreme Court because the Law is less than five years old.
The First Panel of the Federal Supreme Court that for there to be cassation interest, if there is a true legal conflict. This must be generated by the contradiction of the jurisprudential doctrine established in the interpretation and application of the norms.
Being substantive norms under discussion to guarantee the security judicial, having an impact on the conflict generated. By analyzing the core of the jurisprudential decision and not tangential issues observed in the process.
Reasons constituting the appeal
According to article 477. 1 of the civil procedure law, the reason will be in the violation of the applicable norms. In order to resolve the issues that are the focus of the procedure. The violation of the norms of substantive law can refer to both civil and commercial matters.
The rules of jurisdiction are determined by the causal appeal invoked. The powers of supreme court, is generally included in article 478.1 when it corresponds to the first room of the Supreme Court.
The jurisdiction of the civil and criminal chambers of the superior courts of justice is included in article 478. 2. The Code of Civil Procedure It is applied when the resource is founded, exclusively or jointly with other causes.
In violation of the rules of civil or special law of the Community, when the Statute of Autonomy has provided for it. If the party brings both resources, the first is inadmissible through article 478. 2 LEC.