APELACIÓN, DOBLE INSTANCIA Y PROCESO CIVIL ORAL: A PROPÓSITO DE LA REFORMA EN TRÁMITE

Abstract

In the existing studies on the Chilean civil procedural reform there is a clear predominance over the aspects related to the changes that must be introduced in the first degree throughout orality, immediacy and the concentration of judicial proceedings in the trial. This article deals with the contents of the second jurisdictional degree, more specifically the possibilities of mantaining a motion to appeal and the right to having a conviction or sentence reviewed by a higher court in the context of an oral model of civil procedure. The thesis of this work chooses to sustain the rationality, feasibility and utility of contemplating in the new regulation the motion to appeal and the system of double jurisdictional degree.