La aplicación de un sistema abierto de casación en los procesos civiles.

Abstract

Over time, the law has developed ways to protect those who seek refuge in justice to make their violated rights prevail above all, therefore, the State seeks mechanisms so that the judicial decisions that decide on those legal assets are protected within the framework of legality. Therefore, the appeal was created and it has evolved over the centuries. Currently, within our legal system the extraordinary appeal of cassation is protected, both for civil proceedings, as well as for criminal cases. However, also within our legal framework, there are two different systems in which the appeal is found, on the one hand, we have the open cassation system, and on the other hand we have the closed cassation system. The first is considered a “numerus apertus” challenge method, because, when the cassationist appeals the ruling, it will be sufficient for the arguments to be substantiated by reason of the violation of the law, or the misinterpretation of it. Whereas, when we deal with the closed cassation system, this is a “numerus clausus” type norm, which refers to the fact that the appellant must substantiate his challenge, guiding his arguments so that they fall within one of the established grounds. in the current regulations, and if not, the appeal will not succeed and it will be inadmissible by the competent judges