Source: eljurista.net.
A Third Labor Court ruling in Santa Fe did not consider the legal notice to the address set by the company in the Register Trade groups on the basis of statements made to the officer notifying neighbors.
The plaintiff had issued a notification to a defendant company. The domicile of the defendant company that sent the first card was reported by the Public Registry of Commerce.
From the constancy of the measure shows that the process server set the card at the address indicated, "not one answer to repeated calls and refused to meet her neighbors, who reported to recognize the existence of a security company in that building ".
Return the card to the court, The plaintiff requested the rebellion of the defendant company.
Although the address where the ballot had been sent would have been informed by the Public Registry of Commerce and although the card had been fixed, the judge rejected the company declared rebel considering that "This record made by the Official notifier is of sufficient importance to consider that the environment does not currently reside card addressed to notificatoria, and that, therefore, that measure is not allowed to take knowledge of the contents of the notice given, that is, on the other hand, one of most momentous events in the process as it is the transfer to reply demand. "
against the decision rejecting the plaintiff filed rebellion recall, which was also rejected even considering the home court was the Public Registry of Commerce could not be declared the revolt of society.
"If the evidence in the case shows that in the address to which the notice is given, the undertaking which is unknown to the neighborhood, we can not apply the appropriate legal fictions" Judge finally considered.
The ruling is the May 31, 2010 and is the cause of the Labour Court of 682/09 Third nomination Santa Fe
