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El recurso de apelación en la Ley de Enjuiciamiento Civil : incluye las reformas introducidas por el R.D. Ley 6/2023, de 19 de diciembre / José Garberí Llobregat .
- Format:
- Book
- Author/Creator:
- Garberí Llobregat, José, Author.
- Language:
- English
- Subjects (All):
- Appellate procedure--Spain.
- Appellate procedure.
- Civil procedure--Spain.
- Civil procedure.
- Genre:
- Law materials
- Textbooks
- Place of Publication:
- Aranzadi LA LEY 2024
- Summary:
- "As is well known, the principle of double instance reigns supreme in our system of civil procedure; for—with the exception of judgments rendered in summary proceedings based on the amount in dispute when said amount is less than €3,000—judgments issued by civil courts, as well as many of their interlocutory orders, are subject to appeal. Appeal is, therefore, the quintessential ordinary and devolutive remedy, and the one most widely utilized in practice, as it enables the aggrieved party to secure the revocation of the decision rendered in the first instance and its replacement by a ruling favorable to them. This work comprehensively addresses the entire range of procedural issues inherent in the appellate process—examining them from both doctrinal and jurisprudential perspectives—while also incorporating useful forms, procedural diagrams, and practical case studies covering topics such as the regime governing appealable decisions; the requirements conditioning the admissibility of an appeal (time limits, court fees, deposits, etc.); the claims that may be asserted within the appeal; the regulation of evidence in the second instance; and more. Furthermore, the text incorporates the numerous and significant amendments introduced by Royal Decree-Law 6/2023, which has substantially altered the procedural framework for this remedy; the appeal is now lodged and conducted entirely before the *ad quem* court—a change that, among other consequences, has resulted in the abolition of the "complaint appeal" (*recurso de queja*) within this procedural sphere." -- Back cover (translated).
- ISBN:
- 9788490907788
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