La falta de fundamentación jurídica del recurso de apelación en materia civil y su incidencia en los fallos judiciales de segunda instancia

Abstract

Abstract: The appeal is a vertical and ordinary resource that tries to repair a lien that affected one of the procedural parts. It is filed in first instance in the presence of the judge who issued the sentence, with the purpose of it being reviewed by the same judge and then if accepted, move to second instance so the appeal court can decide on the impugnment manner presented. This resource is considered as a way to impugn that the parts have to make their rights assert to the legitimate defense when they are unsatisfied with the resolution given by the A Quo judge. The substantiation is to prove the reason why an impugnment is being settled against a first instance sentence or resolution. This stage is critical in judicial processes because if they are not properly founded, the judges of the second instance could not be able to solve the supposed defects existing in the first level sentences.