Kassatsioonist

Kassatsioonist is a legal concept referring to a type of appeal in certain legal systems. It is primarily found in civil law jurisdictions and is distinct from appeals that re-examine factual evidence. Instead, a kassatsioonikassatsioon seeks to review the legal proceedings of a lower court to ensure that the law was correctly applied. The focus is on errors of law, procedural irregularities, or violations of fundamental legal principles, rather than on whether the lower court reached the correct factual conclusion.

A kassatsioonikassatsioon is typically filed with a higher court, often a supreme court or court of cassation. The court hearing the kassatsioonikassatsioon does not typically hear witnesses or re-evaluate evidence presented at trial. Its role is to examine the record of the lower court's proceedings and determine if any legal errors occurred that could have affected the outcome of the case. If the kassatsioonikassatsioon is successful, the higher court may quash the lower court's decision and may either order a retrial in a lower court, or in some cases, render a new decision itself.

The availability and scope of kassatsioonikassatsioon vary significantly between different legal systems. It is a crucial mechanism for ensuring the uniform application of law and for upholding legal certainty within a jurisdiction. Parties seeking a kassatsioonikassatsioon must usually demonstrate a specific legal error to have their case considered by the higher court. The process is generally more formal and restricted in scope compared to a standard appeal.