DS
S., S. and S., ECM s / divorce
Buenos Aires, 1 December 1998. Viewed
cars: "Appeal in fact deduced by EC
DS MS in the case of 5., 5. and S., ECM 5 / divorce, "to determine their origin.
Considering
That the Convention on the Rights Child no direct and immediate relevance to the discussions in the sub lite since the controversy revolves around the cancellation of loans for food and social work assessments.
In the opinion of this Court do not show a case of arbitrariness to justify intervening in matters outside their special competence.
therefore dismissing the complaint. Let notification and, upon returning the car
major, filed. S. JULY NAZARETH - Eduardo Moline O'Connor (dissenting) - CARLOS S. FAYT - Augusto Cesar Belluscio (dissenting) - ENRIQUE SANTIAGO Petracchi (for voting) - Antonio Boggiano - GUSTAVO A. BOSSERT (for voting) - ADOLFO ROBERTO VAZQUEZ (dissenting) Dissent
MINISTERS OF SANTIAGO ENRIQUE Petracchi DOCTORS AND DON GUSTAVO A. BOSSERT
Considering
That creates extraordinary appeal the denial of which this complaint is inadmissible (Article 280 of the Code of Civil and Commercial Procedure)
therefore rejecting the direct submission.
presents notified and filed upon return of major cars. ENRIQUE SANTIAGO Petracchi - GUSTAVO A. BOSSERT. MR-DISSIDENCE
VICE DOCTOR DON EDUARDO MOLINE O'CONNOR AND MINISTERS Augusto Cesar Belluscio DOCTORS DON AND DON ADOLFO ROBERTO VAZOUEZ
Considering
1 °) against the decision of the Board L of the National Civil Appeals upheld the first instance admitted as the plaintiff's claim for arrears of social work for children and amended as it pertains to non-payment of child food MH, stating that there was still the $ 600 fee due up to the time you stopped cohabiting with the mother, the defendant filed an extraordinary appeal the denial of which the complaint originates.
2 °) That the appellant accused of arbitrary sentence because, it claims, orders to pay alimony had already been paid, and also because by not allowing the citation of the child to a quo has incurred in excess ritual that has prevented reaching the objective legal truth, for that was the only way to prove that he had never failed to meet its obligations. It grieves that invoked the protection of the ward when what was at stake was the sole interest of the plaintiff, and that all your child's needs had been covered entirely by the timely implementation of the forfeiture; that the decision is contradictory because despite that the payments made in violation of the capacity requirement of the recipient was invalid, he decided that in future alimony is received directly by the child.
3 °) That the grievances of the appellant to raise the federal level their treatment by the means chosen, for even referring to the study of questions of fact, evidence and common law and procedural rule and alien-like in nature, with the exception instance, this does not constitute an obstacle to the disqualification of failure when the court has given a treatment to the dispute in accordance with ale pollock and tested in the case and the applicable regulations (Decisions: 311:1171)
4 °) That this is so because if it is true that when payments made in violation of the capacity requirement of the recipient is the punishment for the relative nullity, so that when such payments become unable to use the creditor, the nullity has no rationale because it is equivalent as well as an enriching foundation punish the alleged abuse creditor.
5 °) that the reason that, as evidenced in the failure of the appeal "is not at issue in the case that the payment there, but its usefulness for the benefit of the ward, if one looks at the adult daughter admitted receipts accompanied by the defendant and had very good relationship with his brother (pages 133 and 162), that the child, in turn, admitted to be unrelated to the plaintiff and it is good to his father and had no economic claims perform any of its parents (pages 191), warns that since it is less well understood they expressed about their personal situation and virtually on the food requirement of its parent, the issue should be considered in light of the provisions of art. 734 in fine of the Civil Code.
6 °) That, therefore, since the court did not address the duly introduced and presents opportunities conducive to the purpose test, compared to the absence of a minor under the current interest in these issues, as highlighted the Under Mr. Advisory House after hearing his ward-corresponds to disqualify the ruling as court act on this issue through direct and immediate link between the ruling and the constitutional guarantees given (art. 15 of Act 48)
7 °) it decided on terms the payment of social work, refers to the study of issues of facts, evidence and procedural law, without an apparent course disqualify the resolution authorizing this chapter of the claim.
Therefore, it is stated from the special appeal and annulling, to the extent indicated, Case fs. 193/193 row. With costs in proportion to the result of the respective resources (art. 71 of the Code of Civil and Commercial Procedure) Get back the case to the court of origin so that, through whom it may concern, proceed to issue new bug. Add the complaint to the principal. Notifíquese and, ultimately, return address. Eduardo Moline O'Connor - Augusto Cesar Belluscio - ROBERTO ADOLFO VAZQUEZ.
S., S. and S., ECM s / divorce
Buenos Aires, 1 December 1998. Viewed
cars: "Appeal in fact deduced by EC
DS MS in the case of 5., 5. and S., ECM 5 / divorce, "to determine their origin.
Considering
That the Convention on the Rights Child no direct and immediate relevance to the discussions in the sub lite since the controversy revolves around the cancellation of loans for food and social work assessments.
In the opinion of this Court do not show a case of arbitrariness to justify intervening in matters outside their special competence.
therefore dismissing the complaint. Let notification and, upon returning the car
major, filed. S. JULY NAZARETH - Eduardo Moline O'Connor (dissenting) - CARLOS S. FAYT - Augusto Cesar Belluscio (dissenting) - ENRIQUE SANTIAGO Petracchi (for voting) - Antonio Boggiano - GUSTAVO A. BOSSERT (for voting) - ADOLFO ROBERTO VAZQUEZ (dissenting) Dissent
MINISTERS OF SANTIAGO ENRIQUE Petracchi DOCTORS AND DON GUSTAVO A. BOSSERT
Considering
That creates extraordinary appeal the denial of which this complaint is inadmissible (Article 280 of the Code of Civil and Commercial Procedure)
therefore rejecting the direct submission.
presents notified and filed upon return of major cars. ENRIQUE SANTIAGO Petracchi - GUSTAVO A. BOSSERT. MR-DISSIDENCE
VICE DOCTOR DON EDUARDO MOLINE O'CONNOR AND MINISTERS Augusto Cesar Belluscio DOCTORS DON AND DON ADOLFO ROBERTO VAZOUEZ
Considering
1 °) against the decision of the Board L of the National Civil Appeals upheld the first instance admitted as the plaintiff's claim for arrears of social work for children and amended as it pertains to non-payment of child food MH, stating that there was still the $ 600 fee due up to the time you stopped cohabiting with the mother, the defendant filed an extraordinary appeal the denial of which the complaint originates.
2 °) That the appellant accused of arbitrary sentence because, it claims, orders to pay alimony had already been paid, and also because by not allowing the citation of the child to a quo has incurred in excess ritual that has prevented reaching the objective legal truth, for that was the only way to prove that he had never failed to meet its obligations. It grieves that invoked the protection of the ward when what was at stake was the sole interest of the plaintiff, and that all your child's needs had been covered entirely by the timely implementation of the forfeiture; that the decision is contradictory because despite that the payments made in violation of the capacity requirement of the recipient was invalid, he decided that in future alimony is received directly by the child.
3 °) That the grievances of the appellant to raise the federal level their treatment by the means chosen, for even referring to the study of questions of fact, evidence and common law and procedural rule and alien-like in nature, with the exception instance, this does not constitute an obstacle to the disqualification of failure when the court has given a treatment to the dispute in accordance with ale pollock and tested in the case and the applicable regulations (Decisions: 311:1171)
4 °) That this is so because if it is true that when payments made in violation of the capacity requirement of the recipient is the punishment for the relative nullity, so that when such payments become unable to use the creditor, the nullity has no rationale because it is equivalent as well as an enriching foundation punish the alleged abuse creditor.
5 °) that the reason that, as evidenced in the failure of the appeal "is not at issue in the case that the payment there, but its usefulness for the benefit of the ward, if one looks at the adult daughter admitted receipts accompanied by the defendant and had very good relationship with his brother (pages 133 and 162), that the child, in turn, admitted to be unrelated to the plaintiff and it is good to his father and had no economic claims perform any of its parents (pages 191), warns that since it is less well understood they expressed about their personal situation and virtually on the food requirement of its parent, the issue should be considered in light of the provisions of art. 734 in fine of the Civil Code.
6 °) That, therefore, since the court did not address the duly introduced and presents opportunities conducive to the purpose test, compared to the absence of a minor under the current interest in these issues, as highlighted the Under Mr. Advisory House after hearing his ward-corresponds to disqualify the ruling as court act on this issue through direct and immediate link between the ruling and the constitutional guarantees given (art. 15 of Act 48)
7 °) it decided on terms the payment of social work, refers to the study of issues of facts, evidence and procedural law, without an apparent course disqualify the resolution authorizing this chapter of the claim.
Therefore, it is stated from the special appeal and annulling, to the extent indicated, Case fs. 193/193 row. With costs in proportion to the result of the respective resources (art. 71 of the Code of Civil and Commercial Procedure) Get back the case to the court of origin so that, through whom it may concern, proceed to issue new bug. Add the complaint to the principal. Notifíquese and, ultimately, return address. Eduardo Moline O'Connor - Augusto Cesar Belluscio - ROBERTO ADOLFO VAZQUEZ.
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