La casación y sus formas para presentar este recurso de acuerdo con la causal cuarta del Artículo 268 del Código Orgánico General de Procesos.

Abstract

Background, it had its origin in the French Revolution in 1790, its objective is to correct the errors of law had been committed by trial judges, currently it is considered as an extraordinary resource that is presented before the Provincial Chamber, and it is resolved by the National Court of Justice, to be presented, the aggrieved party had to have filed an appeal against the judgment of first instance. Regarding the objectives, the appeal and its correct way of presenting it have been based on the fourth causal of article 268 of the General Organic Code of Processes (COGEP in Spanish) that is filed according to the regulations of the National Court of Justice, and being processed as an action filed and that the co-judges accepted as an appeal, It is also based on the regulations that are either poorly valued or not accepted. Methodology: qualitative approach, with a descriptive, explanatory and analytical scope. Results, the appeal in Civil matters have been used as the last resort that the appellant has to obtain a favorable sentence and thus be able to comply with the characteristics of the resource, which is to correct the legal gaps committed by the trial judges at the time of issuing sentences since on many occasions their rights have been violated, which is why the extraordinary appeal of cassation is presented, and the judges of cassation correct the mistake made. Conclusions: This work demonstrate what the cassation appeal is in practice and how complicated it is for the cassationist to have this extraordinary appeal be accepted in the process.