The Court of Cassation has decided on the subject of the civil lawsuit

Abstract

The primary function of the Court of Cassation is to exercise judicial over the correct application of legal rules in judicial decisions that are subject to appeal, whether such rules pertain to substantive law or procedural law. This oversight aims to ensure the proper implementation of the law in relation to the factual circumstances presented before the court of first instance (trial court) that issued the contested judgment. The Court of Cassation monitors the law by reviewing the legal characterization (qualification) of the facts as determined by the judge of the court of first instance in the case. It verifies whether the judge has applied the correct legal classification that corresponds to the factual circumstances presented. Moreover, the Court of Cassation supervises the application of the law to those facts. Thus, the Court of Cassation examines contested judicial decisions to determine whether the judge of the court of first instance has erred in interpreting the legal rule or in applying it to the facts established in the case, or whether the judge has correctly interpreted and applied the law in accordance with the perspective of the Court of Cassation. Additionally, the Court of Cassation oversees the courts of first instance with respect to their compliance with the formal procedural rules that the law mandates to be observed in rendering judgments or in conducting legal proceedings. Based on this oversight, the Court of Cassation decides whether to accept or reject the appeal. If the appeal is accepted and the judgment is overturned, the case is remanded to the court that issued the contested judgment for a new adjudication. The Court of Cassation does not, as a rule, adjudicate the merits of the case itself, as it is not a court of first instance and is not, in principle, authorized to resolve disputes or controversies directly. Rather, it is a judicial body tasked with ensuring the uniformity of legal rulings and interpreting legal provisions .In summary, the Court of Cassation serves as a supervisory judicial authority that ensures the correct application and interpretation of the law, thereby safeguarding the integrity of the judicial process and promoting consistency in legal rulings.