La Llei 4/2012, del recurs de cassació en matèria de dret civil a Catalunya

Abstract

This paper explains the configuration and the meaning of the recurs de cassació or cassation appeal (the impugnation to the High Court) in the legal systems in the orbit of Catalan Civil Law. It makes a review of the background related to the access of Catalan Law to the highest levels of the judicial system in each historical period, and it focuses on the development and subsequent consolidation of the Catalonia claim of a high court where all levels of ordinary jurisdiction might finish. It also analyses the treatment that the cassation of Catalan Civil Law has received under the Spanish Constitution of 1978. It argues that there is a need, in the constitutional sense,that allows Catalonia to have its own criteria about access to the recurs de cassació in the Spanish legal system. Most of this text is devoted to an exegetical analysis of Catalonias Act on the recurs de cassació in Catalan Civil Law, providing some data and expressing some thoughts about the reasons and circumstances that accompanied the parliamentary process and the subsequent approval of this law.