THE REPLACEMENT DECISION AS A REMAND MECHANISM IN THE FRAME OF APPEAL FOR ANNULMENT OF JUDGMENT

Authors

  • Oscar Silva Álvarez Pontificia Universidad Católica de Valparaíso

DOI:

https://doi.org/10.29393/RD252-10SROS10010

Keywords:

Appeal for annulment (of judgement), replacement decision, remand, facts of the case, instance, judicial economy

Abstract

This comment formulates a criticism of the treatment that the Chilean Supreme Court gives to replacement decision in the frame of the appeal for annulment of judgment, with respect to a judgement in which the facts of the case were not established. The Court, accepting said appeal, issued a replacement judgment that, without referring to the facts, forwarded the task of its establishment to the lower court. With this, the system adopted by our civil process in this matter was violated.

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Published

2022-12-30

How to Cite

Silva Álvarez, O. (2022). THE REPLACEMENT DECISION AS A REMAND MECHANISM IN THE FRAME OF APPEAL FOR ANNULMENT OF JUDGMENT. University of Concepción Law Review, 90(252), 245-255. https://doi.org/10.29393/RD252-10SROS10010

Issue

Vol. 90 No. 252 (2022)

Section

Comentarios de Jurisprudencia

Copyright (c) 2022 Oscar Silva Álvarez

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