LA UNIFICACIóN DE JURISPRUDENCIA PRETENDIDA POR EL RECURSO EXTRAORDINARIO: VENTAJAS Y PROBLEMAS

the draft of the civil procedure code which is in revision in the chilean national congress contains a unique innovation in the recursive scope. this is an extraordinary remedy whose purpose is, in essence, to unify the civil jurisprudence. this claim presents clear advantages associated with the equal application of the law, legal certainty, reducing economic costs and the legitimacy of the judiciary. however, while fulfilling its unifying purposes, it will encounter insurmountable obstacles if it is kept the current policy. these obstacles are related to a specific concept and a particular practice of law in continental- european family and in the legal chilean field in particular.