ADCC 402/2008

The trial court has the authority to understand the action and assess the evidence and presumptions without review by cassation court. The trial court has the authority to rely on the report of expert it has delegated. In case the appellant has copies of the family book and passport that do not bear his signature of the respondent by fax or receiving a copy of the agency instrument issued by him to the benefit of his son without the latter's signature, it is not considered a presumption for opening an account with the appellant's in its name. The authority of the trial court to understand the fact on the case, assess the evidence therein, conclude the elements of responsibility; error and harm and the causal relation between them. The authority of the trial court to assess the remedy imposed by the contested judgment for the respondent due to error conducted by the appellant represented in opening an account in its name without his consent based on the fees of filing an action in order to discharge himself from such a debt and delegating attorneys and dismissing him and resulted moral harm.