Non-suspension of the execution of the challenged decision or its provisional execution with the civil cassation appeal in comparative law

Pamo K.T.A.; Cairo V.R. · Revista de Estudos Constitucionais, Hermeneutica e Teoria do Direito (2023) · DOI: 10.4013/rechtd.2023.153.05

Resumen

The article sought to know the modifications made in the different legal systems on the non-suspension of the challenged decision or its provisional execution in the cassation appeal. The study was descriptive and the method was analytical since it is discussed whether it is necessary the non-suspension of the execution of the challenged decision or its provisional execution through the ope legis system in other countries. The main result is that in some countries where the civil law system is applied, the non-suspension of the execution of the judgment or its provisional execution is already regulated in the civil cassation appeal, but in others, it is still not being regulated: It was concluded that, in countries such as Peru and Panama, the execution of the challenged decision or its provisional execution must be regulated, with the exception of civil status proceedings. It is proposed that the losing party must offer a bond if it intends to suspend the decision challenged in cassation in order to protect the interests of the other party and to safeguard the effective jurisdictional protection. Este é um artigo de acesso aberto, licenciado por Creative Commons Atribuição 4.0 Internacional (CC BY 4.0), sendo permitidas reprodução, adaptação e distribuição desde que o autor e a fonte originais sejam creditados.

Instituciones: Universidad San Ignacio de Loyola