Legal Framework of Article 175
Article 175 of the Civil and Commercial Procedure Code establishes the framework for challenging final judgments through cassation. The primary ground for such an appeal is the violation of law, which encompasses errors in its application or interpretation. This provision serves as a safeguard for the rule of law, ensuring that lower courts adhere strictly to legislative mandates.
The Scope of Legal Violations
The phrasing of Article 175 suggests that 'violation of law' is a broad category. Legal scholars argue whether specific cases mentioned in subsequent clauses are merely subsets of this general rule. In practice, an error in interpretation occurs when a court misconstrues the legislative intent, while an error in application involves applying a legal text to facts that do not fall within its scope.
Procedural Significance
Appealing via cassation is not a third level of litigation but a review of the judgment's legality. The Court of Cassation does not re-examine facts but ensures that the legal reasoning provided by the appellate courts is sound and consistent with the established legal principles of the jurisdiction.