Cassation

Cassation is a form of legal remedy used in many civil-law jurisdictions in which a higher court reviews a lower court’s decision to determine if errors of law or procedure occurred. The cassation court generally does not reexamine factual findings; its main task is to ensure correct application and interpretation of the law. By focusing on legal principles rather than facts, cassation aims to harmonize jurisprudence and prevent conflicting rulings.

The institution originated in France with the Cour de cassation established in the early 19th century as part of Napoleonic reforms. Since then, many continental legal systems have adopted a comparable remedy, sometimes under the same name and other times under local terms. In practice, cassation serves as a check on lower courts and as a vehicle to unify how laws are applied across a country.

Procedurally, a party seeking cassation petitions the court of cassation through a mechanism such as a pourvoi en cassation. The court typically reviews written submissions and, in some jurisdictions, may hear oral arguments focused on questions of law. If a legitimate error is found, the cassation court may quash the lower court’s decision and remit the case for reconsideration in light of the ruling, or issue a final decision that clarifies the applicable legal standard. In most systems, cassation does not allow new evidence or fresh consideration of factual disputes, except in narrow circumstances.

Variations exist between countries regarding what issues are eligible for cassation, what constitutes an error of law, and what remedies follow. Some jurisdictions organize cassation within a dedicated supreme or appellate court, while others attach it to broader high court structures. The term itself is etymologically tied to the notion of breaking or quashing a decision.