Bibliographic citations
Gálvez, A., (2022). La modificación del artículo 392 – A del Código Procesal Civil, que regula la procedencia excepcional del Recurso de Casación [Tesis, Universidad Privada Antenor Orrego.]. https://hdl.handle.net/20.500.12759/9431
Gálvez, A., La modificación del artículo 392 – A del Código Procesal Civil, que regula la procedencia excepcional del Recurso de Casación [Tesis]. PE: Universidad Privada Antenor Orrego.; 2022. https://hdl.handle.net/20.500.12759/9431
@misc{renati/371461,
title = "La modificación del artículo 392 – A del Código Procesal Civil, que regula la procedencia excepcional del Recurso de Casación",
author = "Gálvez Velásquez, Augusto Guillermo",
publisher = "Universidad Privada Antenor Orrego.",
year = "2022"
}
The thesis that we put before you today, members of the jury, seeks to problematize a little about the judicial power that incorporates article 392 A of the Peruvian Civil Procedure Code, the same that enables the jurisdictional body to grant the Cassation appeal despite that said appeal did not have the origin requirements established in article 388, then, as can be understood, the aforementioned rule regulates the possibility of an extraordinary granting of the Appeal of Cassation. According to what was obtained from our investigation (compilation of national and purchased doctrine) and what is deduced from the same norm mentioned above, this power has been granted to the Supreme Court basically for the purpose of complying with the fines for which it has been designed the Civil Cassation; however, in our thesis we have shown that regulations such as the one contemplated by this article 392 A turns out to be contrary to the Civil Cassation system that we have or wish to have. In our country, with more and more zeal, people have been thinking about the possibility of how to control the entry of more Cassatory resources in a tired and overcrowded Supreme Court, which is why even such a resource was practically structured in 2009 through the law 29364; however, this discretionary power of the Supreme Court is far from the purpose of the spirit of the aforementioned law. We believe that article 392 A of our civil procedural regulations is the product of that unfortunate political interference in our legislators; which, however, far from bringing about improvements in our justice system, came to bring greater legal insecurity, since regulations such as these only put elementary principles of our judges, such as impartiality and independence, in imminent uncertainty; For this reason, in our thesis we make a strong criticism of this rule in which we ask ourselves the following question: What are the reasons why article 392- A of the civil procedure code, which regulates the exceptional origin of the resource of Cassation, should it be modified
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