According to Rosario, the Court of Appeals ruled entirely unconstitutional.
Hall 2 of the Criminal Chamber of Rosario just make an important decision for the legal profession in the province.
unanimously declared the unconstitutionality of art. 28 LOPJ last paragraph of 10,160, in that it imposes the obligation of full and failures nullity of her apartment.
held the full House that the failures "affect and threaten the development of law to prevent the" creation "jurisprudence ..
also considered that affect the principle of jura novit curia, since it can not reasonably be required of a judge who knows all the plenary chamber or chambers that exist.
Another argument of the members of the House was that the specific function of the judiciary, namely the interpretation and application in specific cases of criminal laws enacted by the legislature and promulgated by the Executive under constitutional law , out of line, although by law, where that is binding precedent.
failure of historical self, is no. 83 of 2010 and was issued in the case "GJL s / attempted theft.
was felt that a measure can autosatisfactiva challenge without cause not regulated in the Civil and Commercial Code on the application of the measures autosatisfactivas doubts abound. One of the many questions was whether it could challenge without explanation to the judge who was appointed to address the measure.
The Court of Appeals in Civil, Commercial and Labor eyed Deer considered applicable by analogy, where autosatisfactivas measures, art. 17 inc. 1 and Article 9, last part, the Civil and Commercial Code. That is, can recuse without explanation when the power is exercised in the first letter to the judge to whom the replacement. The Chamber considered that the creation of the Single Entry Bureau (MEU), the power of art. 9 th last part can practice before the MEU or the court filing of the lawsuit.
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autosatisfactivas the duties imposed by the representation
Source: JOURNAL "FOCUS NATIONAL UNIVERSITY OF ROSARIO"
The House Civil and San Isidro Commercial sentenced a lawyer to compensate their customers because their malpractice prevented them from charging the credit trial. The lawyer failed to appear in court in Santa Fe to continue the fight. The judges held that "there was breach of the duties imposed by the representation, failure to comply with appropriate and necessary legal actions to protect the rights of his client "
Judges Hugo Alejandro Llobet and Lesser, members of the First Chamber of the Chamber of Appeal First Civil and Commercial San Isidro, in the case titled "L., J. and other c / S, V. and other s / Damages, "confirmed the lower court ruling that sentenced the lawyer complained to 78,480 pesos to compensate their customers actors because they prevented a claim by a court ruling in their favor.
Counsel was not present in Santa Justice Fe, which was filed the trial even though his clients had given him authority to act "until final completion of trials that are pending at present giving, or in the future I will raise them" before "the courts of the nation or the provinces of any were or jurisdiction, exercising appropriate action. "
"There breach of the duties imposed by the representation, failure to comply with the legal acts necessary and appropriate to protect the rights of his client. The professional is always diligent behavior unfold in an attempt to give satisfaction to the creditor, subject to obligational relationship, and if does not meet this demand, the liability is imposed, the judges understood.
added that the actors were to "protect" why "lost all possibility of claim."
The lawyer had to act before a gathering of a transport company in the province of Santa Fe, which "did not prevent the defendant is present in a foreign jurisdiction for the purpose of enforcing the rights of their represented. " "The possibility of recourse to the courts other provinces was no stranger and was previously under the mandate, "explained the maids.
"The credit check was to be an essential management and necessary" for collection "recognized by judicial decision." But "no credit check with the help of the carrier, exclude the plaintiffs in the settlement proposal to undertake the same and made illusory recovery of damages against the co-defendant."
OBLIGATIONS OF ATTORNEYS:
In this case the lawyer took a seizure and therefore "is obliged to provide a result in relation to specific procedural acts of responsibility," explained the judge. Instead, counsel exercising "functions of legal adviser or sponsor the obligation of contracts is just media."
The court clarified that the obligation of result does not mean having to win a trial, but "to meet the appropriate procedural steps, diligent and necessary, taking professional in the direction of the litigation, that is: sign and submit the relevant written, Secretariat to attend at least the days called `note`, attend hearings held, legal remedies against any adverse decision to the party and generally expedite proceedings in the manner prescribed by law. "
"In those cases, it is not necessary to prove the guilt of the attorney, rather be the omission of procedural due, causing the estoppel for not exercising at the end of it, thus resulting in the closure of the respective stage, "they concluded.
In Physical Education classes begin with the joy of CARNIVAL
We are children of the 4th year of the School No. 77, Baltasar Brum, Artigas, we like to learn using the XO. Our first blog show pictures of our work on a research to know the origin of the Carnival. seek information and perform a comparison between different musical styles according to the region of our country: north, Samba, Candombe and Murga south. hear different music genres, we delight, we dance and we end our own instruments.
Valentin, Lucas and James show some of the "works"