The surcharge of benefits and remedy of Cassation for the unification of doctrina: when the assessment of the facts is problem. Comment to the STS of October 25, 2016 (Rº 2943/2014)

Abstract

The appreciation of contradiction between statements, requirement for access to the appeal for the unification of doctrine, requires the finding of identity among the contested judgment and that provided by the appellant as contradictory. The factual identity between both judicial pronouncements poses special problems in the field of the performance fee given the difficulty to appreciate the substantial identity in the attendant circumstances in terms of the accident. The statement commented appreciates that identity required in a case in which the business of safety and prevention measures compliance was accredited there is no. However, extensive particular vote that accompanies this statement reveals the practical difficulties that accompany in these cases to trial.