The history of the spanish civil cassation: an experience that advises not to advance in the model of unification of the doctrine

Abstract

This article analyses the history of the Spanish cassation. Since its origin and presentation, this institution has had a strong national feature which has differentiated it from its French counterpart. A detailed revision of the history allows highlighting the main objectives of the cassation in relation to the defense, both ius litigatoris and ius constitutionis. However, since the reforms to the Spanish Law of Civil Procedure, carried out in the year 2000, legislators have been including a series of unknown elements to the Spanish law. In order to reduce the impediments that the Spanish cassation entity has, elements external to any former tradition have progressively been adopted, which break the original objectives established by the wise jurists of the 19^{th century}. The Chilean legislator seems to be walking along the same path. The reform to the recourses both in the labor law and in the Code of Civil Procedure Project goes towards a new recourse of cassation to the unification of the jurisprudence not known in the Chilean history.