La caución como herramienta procesal en la casación civil : estudio crítico y consecuencias jurídicas.

Abstract

A bond functions as a guarantee, similar to a surety, providing support for the fulfillment of a legal or contractual obligation. Its purpose is to suspend the execution of a judgment while the appeal is being resolved. Its objective is to protect the opposing party and prevent potential harm due to a delay in the appeal process. This study presents an analysis of the legal nature of bonds in civil appeals. Furthermore, it critically examines the legal consequences of existing legal gaps in their application, particularly regarding amounts that are arbitrarily applied without due process by the judge. Through doctrinal and normative evaluation, it has been possible to identify the gaps and limitations in their application, ensuring they are proportional, equitable, and comply with the principles of equality and due process. The research establishes the need to implement appropriate legal strategies that define the amounts of these bonds, so that they serve as a verification tool and support for future similar cases. This eliminates the judge's reliance on arbitrary amounts, resolving the problems of legal uncertainty and discretion.