La incorrecta fundamentación en la declaratoria de improcedencia del Recurso de Casación Civil.

Abstract

The appeal is a means of extraordinary challenge that achieves the annulment of the judgment or final order to put an end to knowledge processes, gives the appellant challenged the constitutional guarantee of failure, when the resolved on appeal, is It has generated an error of law that the appellant has identified as a violation of the law under a specific grounds of appeal. Not only is it necessary to establish the offense considering that the rules of law have been violated, it is necessary to link primary basis with the facts and under the causal line, under the order of cassation origin. As the Court of Cassation who has to verify whether the appeal is properly grounded, it is necessary to clarify that if the limits are subject to the judgment on appeal, the casacionista must base its action towards this limit, where according his foundation, makes the room check the contested decision, based on the argument advanced by the appellant, it must be fitted to the appellate requirement.