Cassatie

Cassation

Cassation is the extraordinary legal remedy whereby the Supreme Court reviews whether lower courts have correctly applied the law.

Cassation is the legal remedy available against judgments of courts of appeal and certain other bodies. The Supreme Court does not review the facts but examines only whether the law has been correctly applied and whether the reasoning complies with the statutory requirements.

This remedy is significant in that it promotes uniformity in the administration of justice and the development of the law. It provides a final opportunity to correct an erroneous legal decision, but is subject to strict requirements concerning the grounds for cassation and the conduct of the proceedings.

In practice, cassation is frequently pursued in cases raising fundamental questions of law, such as civil, criminal or administrative proceedings involving substantial interests.

“The lawyer filed an appeal in cassation with the Supreme Court because the court of appeal had misapplied the law.”

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Cassatie - Betekenis | Arslan & Arslan Advocaten