Avatar Legenda Aanga,Galactik Football,Wrestling i wiele innych!

[soyeb25]

Professor of Civil Law and lawyer at the Juan José Marín & Asociados Law Firm, believes that “one of the issues raised by the new agreement adopted by the Government Chamber of the Supreme Court regarding the extension and other extrinsic conditions of the writs of interposition and opposition of appeals in the new civil cassation is to know whether the failure to comply with such conditions, or the presentation of a writ of interposition or opposition that exceeds the extension established in the agreement, can cause the inadmissibility of the appeal (or, where appropriate, the inadmissibility of the opposition document)”

In his opinion, “at least in this first phase of application of the agreement, the negative response seems Email Data safer. In the regulation of the civil appeal arising from Royal Decree-Law 5/2023, of June 28, the LEC does not consider, as a cause of inadmissibility, non-compliance with these merely extrinsic requirements. In my opinion, it would rather be a defect that can be corrected under article 231 of the Civil Procedure Law.”



“On the other hand, in the practice of the Court of Justice of the European Union, the presentation of an appeal that exceeds the length recommended by said Court does not cause the document in question to be considered not presented, but rather the invitation by the Secretary of the Court to the affected lawyer to present the document in accordance with the applicable formal requirements (although it is doubtful that this “invitation” has a place in our cassation system).”


Juan José Marin, lawyer and professor of Civil Law at the University of Castilla La Mancha. (Photo provided by Juan José Marín)

This jurist emphasizes that “in the cover page that must accompany every cassation appeal (but not, however, the opposition document) it must be stated, if applicable, the “notorious cassation interest” that the appellant can allege as a cause of access to cassation

”This expression, used by the reformed article 477.4 LEC and which is totally new in our cassation system, refers to a reality with very diffuse profiles. It is probably a category that will have to be defined on a case-by-case basis, first by the appellant and then, where appropriate, by the Supreme Court itself,” he warns.

“In any case, it is desirable that in the agreement to be adopted by the First Chamber of the Supreme Court, in a non-jurisdictional plenary session, on the criteria for the admission of appeals of cassation, the Chamber tries to limit this figure and provide useful guidelines for the practice of lawyers ," he comments.

From his point of view, “finally, it is worth highlighting the paradigm shift that the new cassation system entails for the decisions of the First Chamber on the admission or non-admission of the appeal.” It points out that “while until now admission was agreed upon by order and admission by order, now the opposite is the case: non-admission will be decided by succinctly reasoned order (without prior hearing of the parties) and admission by order that must express the reasons why the First Chamber must rule on the issue or issues raised in the appeal.” In short, "it is a far-reaching modification that obliges lawyers to clearly express in their appeal, and in an argued and convincing manner, why in the case specifically raised it is necessary for the Supreme Court to admit the appeal and issue a ruling." ruling on the merits,” he concludes.Julián Artemio Sánchez Melgar, Supreme Court judge and State Attorney General, is born
He is an academic of the Royal Academy of Jurisprudence and Legislation of Spain

Julián Artemio Sánchez Melgar (Photo: The Independent)



On September 19, 1955 , Supreme Court judge Julián Artemio Sánchez Melgar was born in Palencia . He was also Attorney General of the State and member of the Council of State.

He completed a degree in Law at the University of Valladolid and obtained a doctorate at the University of La Coruña with his thesis Procedural aspects of parliamentary inviolability and immunity , co-directed by the proceduralists Agustín-Jesús Pérez-Cruz Martín , and Xulio Xosé Ferreiro Baamonde .



He took the exam and won the judicial secretary exam in 1981 and, two years later, at the age of 27, he applied for the judicial career and, in 1983, he obtained his first appointment as a judge, in Reinosa, then Miranda de Ebro and, attracted by the Mediterranean, in Mataró, rising to magistrate in 1987 , occupying a position in the Territorial Court of Barcelona , ​​later senior judge of Santander, magistrate of the Civil and Criminal Chamber of Cantabria, president of the Provincial Court of Ávila and, since the beginning of the year 2000, he continues as a Magistrate in the Criminal Chamber of the Supreme Court, except for the hiatus of just over six months, 12/11/2017/ 06/22/2018, when he was State Attorney General.

Her clear stance on gender violence earned her the Soledad Cazorla special mention from the Observatory against Gender Violence. Her thesis on the Parrot Doctrine was endorsed by the Constitutional Court, although it was not supported by the Human Rights Court. The Illustrious Bar Association of Palencia distinguished him with a gold diploma and insignia, 2019; appointed Ambassador of the Association of Relatives Sick with Alzheimer's of Ávila ; Academic of the Royal Academy of Jurisprudence and Legislation of Spain; Full academician of the Grand Duke of Alba Institution; Honorary Mediator of the Spanish Mediation Society.
_________________
Email Data

[Reklama]