DCC 22/2005

This case concerns the legal customisation for the relationship between the opponents and the executed contract and providing the suitable description shall be deemed a purely legal issue. The trial court has the authority to mandate one or more experts to give their opinion regarding the technical and financial issues (not the legal issues). The trial court shall prevent the customisation of the contracting agreement evidence of the claim and identify the article applicable thereto of the Civil Transactions Law, whether it was article 886 or 887, without consulting the mandated expert as it is a legal issue. The judgment of the Court of Appeal deciding that the contract subject of the claim is an insufficient contracting agreement based upon the report of the expert without preventing the customisation of the contract shall be deemed a violation of law.

Pursuant to the perusal of the documents, and the reading of the summary report, and after deliberation.

Whereas the cassation has fulfilled all formal conditions.