Abstract

This article is dedicated to the analysis of the cassation recourse cause, since, although it is an essential question in the legal confguration of the recourse, there is a lack of defnitions in our legislation, and in the forensic practice there persist doubts relative to different aspects linked to this matter. In addition, there are few dogmatic studies published to help in their clarifcation. The article contributes with an oriented reflection, frst, to enquire about the vastness of the normative infraction that might be censured by this means of impeachment. Currently this is addressed with the expression contained in art. 767 of the Civil Procedural Code about “violation of law”. In second terms, the analysis pretends to progress on the notes about those aspects that would justify a study for its reformulation given a future reform to the entire civil procedure, and how the current reform proposal –undergoing legislative processing– could come to impact in the issue of confguration of the recourse motives that would take place instead of cassation (the extraordinary recourse).