By referring to an inaccurate qualification also made

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Asystematically the following are noted. First of all to determine the content of the term requalification in this paragraph being the only place where it can be found in the code it is useful to refer to the term qualification in the same code. According to art. para. the first sentence of the Code of Civil Procedure the judge gives or restores the legal qualification of the acts and facts deduced from the judgment even if the parties have given them a different name. Thus in the vision of the code the judge and not the.

Party is the one who gives the legal qualification of the acts and facts Country Email List brought to the judgment the possibility that the parties by their agreement determine the legal qualification being specially regulated art. para. of the Code of Civil Procedure and thus being of strict application. As such the reclassification of the appeal is the operation that the notified court does by a court in the content of the contested decision and not by the party in the content of the formulated appeal. In the latter case there is no requalification of the appeal but a qualification by applying art. para. related to art. of the Civil Procedure Code. Second para.



Must be interpreted in the context of the article of which it is a part art. of the Code of Civil Procedure entitled Legality of appeal. Thus the first two paragraphs expressly enshrine the principle of the legality of the appeal a principle that is outlined in opposition to any inaccurate statements contained in the decision. As stated in the doctrine by para. of art. of the Civil Procedure Code a corrective so that the party that believed.