The cassation recourse:

In a quandary between "certiorari" and precedent

Abstract

Among its innovations, the project of "New Code of Civil Procedure" replaces the recourse of "casación en el fondo" by the so-called "extraordinary recourse''. With this innovation, the aforementioned project entails a significant turning point in the civil procedure and others regimes of recourses, endowing to our system hitherto alien institution: certiorari and the idea of "precedent''. Accomplishing objectives such as legal certainty and equal treatment confers a natural dose of legitimacy to the initiatives aforementioned. However, the pursuit of shared values do not always entail to share the same mean, reither that it be the most appropriate or effective arrangement far these purposes. You can be coincident in the diagnosis, but that does not mean you have to discard a deeper scrutiny about the goodness of the proposed solutions or should not be further pursued in the search for alternatives capable of addressing a common concern. In summary: Is it so necessary eliminate the recourse of "casación en el fondo" or is it enough to simply re-formulate it?