Abstract

This paper is a microcomparative study of the appeal for cassation on the meritsbased on Spanish and Chilean regulations. First, a genealogical analysis of theinstitution referred to is made in order to find a common root. Next, the main pointsregulated by Spanish and Chilean legislation in relation to the figure under study arementioned. On the basis of the above, it is examined whether it is pertinent totransplant the appeal in cassation interest in our legal system. It is concluded that itis not advisable to incorporate this figure, since neither the uniformity of thejurisprudence nor the nomofilaxis ensures a fair result, since this depends on thefairness of the rule. On the other hand, it affects the right of the litigant, since itprioritizes the creation of doctrine over the resolution of conflicts, which is the mainfunction of the jurisdiction.

Keywords

cassation appeal procedural remedies procedural law microcomparative study legal transp´lant