General Interest as a Differentiating Criterion Between the Chilean and Spanish Appeal for Cassation on the Merits

This paper is a microcomparative study of the appeal for cassation on meritsbased Spanish and Chilean regulations. First, genealogical analysis theinstitution referred to made in order find common root. Next, main pointsregulated by legislation relation figure under arementioned. On basis above, it examined whether pertinent totransplant interest our legal system. It concluded that itis not advisable incorporate this figure, since neither uniformity thejurisprudence nor nomofilaxis ensures fair result, depends thefairness rule. other hand, affects right litigant, itprioritizes creation doctrine over resolution conflicts, which mainfunction jurisdiction.