Friday, May 20, 2011

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ONLINE CONSULTATION. LAWYERS ONLINE CONSULTATIONS




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Monday, May 2, 2011

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online consultations
Mar del Plata Attorneys

ejpservicioslegalespanizo@hotmail.com

Monday, April 25, 2011

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TRAINING


Civil Engineering College begins to work in the areas of Continuing Education, Ing Ana Borjas has sent us the official statement for all to participate this new occupation.
Here are the activity:
TRAINING ADDITIVES
Day: Thursday April 28
Time: 6:00 PM
Location: CICH - SPS
Training provided by: Mr. Ernesto Lazarus Medina

For Entries: 9510-1731 (with Albita) not required contribution

Agenda : Problems caused by moisture, additives Introduction, Methods for Assessment of adhesions, laboratory results, field applications, Workshop brief evaluation of adhesions.

ALL ARE CORDIALLY GUEST

Sunday, April 10, 2011

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ADDITIVE BUILDING IN HONDURAS

Cortés, Honduras
A four-lane bridge, which will be the largest, began construction on the stretch of the Pepper to Potrerillos Ulua River in this department. Yesterday
Soptravi Minister, Miguel Pastor accompanied by the deputy of Mr. Dario Gamez cuts, oversaw the start of the work of the bridge superstructure to replace the existing bridge, which already has 40 years of being in use.

This improvement project is part of the Atlantic Corridor, the Plan Puebla Panama, which includes investments in the CA-5, which is a vital step because that's where the cargo passes with import and export products of Honduras.
The megaplataforma, 72 beams across and 22 meters wide, is funded by the IDB, and the cost amounts to almost 114 million Lempiras. Pastor said he intends to be ready in June next year. He stressed the importance of the project to promote the development of the north.

EXTRA: This work will cost 174 million lempiras

Sunday, March 27, 2011

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MEGAPUENTE CICH-SPS / CONTINUING EDUCATION FAILURE

CONFERENCE PROGRAM / SEMINAR
MARCH-APRIL 2011

Thursday March 31
6:00 to 7:00 pm.
Concrete Additives
Lazaruz and Lazarus
________________________________

Thursday April 7
6:00 9:00 pm.
Consumer Protection Act
Abg. Princes Leonor
________________________________
Monday 4 to Friday 8 April
8:00 am to 5: 00 pm

PEDESTRIAN BRIDGE CONSTRUCTION OF SHORT LENGTH SUSPENDED FIRST MODULE
SITE EVALUATION

HELVETAS HONDURAS
ING. Edward R.
PAVON RURAL INFRASTRUCTURE SPECIALIST

Registration / Requirements: See CICH
Galeas Alba SPS
Tel. 2566 0202 / 95 101785

Wednesday, February 9, 2011

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Lawyers LAWYERS IN MAR DEL PLATA Legal Study Panizo

LAWYERS IN MAR DEL PLATA Legal Study Panizo
Civil, Commercial, Family, Business and Criminal

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Personal Care:
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Córdoba 1882 Piso 1 Of. 15
Mar del Plata
Tel: (0223) 494-2087 / 500-2415
Cel: 156-157942

Saturday, February 5, 2011

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WHITE RIVER BRIDGE

San Pedro Sula, Honduras
Next week the authorities of the Mayor's Infrastructure begin repair work on the slab that channels the water into the White River bridge on North Boulevard. A scour
platform that would damage the foundations of the bridge, weakening it and running the risk of losing all the infrastructure designed for the passage of the train.

The slab is critical for the overall maintenance of the structure, for preventing water channels, or dig hit the pillars.
The damage is in the water part of a low. " The platform has been broken by 20% for about 15 days when the rains hit.

The "tooth" designed so that the hold has been doing a feature wall and holds water, or as a dam causing the water does not run normally.
; Read More

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THE IMPORTANCE OF PREVENTION CONSULTATION WITH AN ATTORNEY. Online consultations via email. Legal advice. MAR DEL PLATA LAWYERS. ONLINE CONSULTATION

In reaction imminent or already produced, with legal consequences in social life, family, civil contracts and leases, or commercial, such as how to secure a payment, etc., it is necessary have a consultation with a professional to give advice on the steps, and that conflict is essential to avoid stagnation and to know what steps to avoid mistakes which then can not be rectified or that restrict or prevent the claim of some rights .

in advocacy Prevention is the key or tool that allows customers to stay one step ahead of the other party that perhaps is not advised, while avoiding those long talks with family and friends they say they know right, or exemplified by cases from their own unique experiences, but do not work for you or confused, not knowing where to take the course.

REMEMBER THE CONSULTATION WITH AN ATTORNEY IF YOU MAKE A time before conflict occurs, avoid problems, and if done after the outbreak, avoid greater evils.

FURTHER CONSULTATION WITH THE ATTORNEY MAY BE THE START OF AN AGREEMENT WITH THE OTHER HAND, TO AVOID A TRIAL AND EMOTIONALLY exhausting absurdly expensive.

juridical consultations online, via mail
Preventive counseling preventive
Advocacy Personal Consultations
verbal and written consultations
comprehensive study if
writing Court Reports
records Views
extrajudicial agreements Negotiating
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PREVENTION ADVOCACY THAT BEGINS WITH A GOOD ADVICE IS THE KEY TO YOUR SECURITY.

Saturday, January 22, 2011

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Legal Study in Mar del Plata


ONLINE CONSULTATIONS TO LAWYERS IN MAR DEL PLATA

COMPREHENSIVE LEGAL COVERAGE. Advocacy header. preventive Advocacy

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In our study we are dedicated to all areas of law, through training Standing for the adequate protection of their rights.

Ongoing advice

We're there when you have a legal problem

immediate response question about their rights

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receive the answer in your email as soon


personal note:

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Mar del Plata

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Twitter: @ fernandapanizo

Friday, January 21, 2011

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on customs duties. LAWYERS IN MAR DEL PLATA

CUSTOMS LAW. Treasury Action against the guarantor. PRESCRIPTION. Computation. Effects of suspension of the limitation of the principal debtor in respect of subsidiaries and joint debtors. Framework. Arts. 803 to 807 of the Customs Code

"Credit Insurance and Guarantees SA (TF 21988-A) c / DGA "- CNACAF - 11/11/2010


" While the Treasury's action in this case, prescribed by the lapse of five years and that period begins to run the first of January of the year following the date on which the incident occurred has been charged (articles 803 and 804 CA), in case no appeal can be concluded that it did not have the intended effect, in the rules cited . Especially if one considers that the guarantee was issued following the mentioned dispute and that the customs service was held at the posing of the importing firm (cf., resolution of PLA N ° 1334/2005). is that anything Having established that prevents a difference in rights, not perform actions prior to January 1 with the effects that the legislation provides (cf. decision cited). "

" must be weighed the objective pursued by the provisions of art. 804 of CA. On this point, it has been argued that the particular statute of limitations in customs matters, which determines the beginning of its computation time is delayed in settling one single date for all actions arising in a given year, has a purpose administrative order, which is clearly the time has it concluded that the action of the Treasury to pursue his claim or punish breaches committed, allowing rational management of administrative procedures (in this sense in re Sala IV "DGA (orders Diag Research Foundation Est. Med" of June 12, 2008). "

" By acting before the onset the course of the prescription-challenge made by the importer, it was suspended until the time of issue the respective resolution, as the effects under the above rules [Section 804 of the CA]. "

" In the art. 5, general conditions (...), the policy expressly provides that "The limitation of actions against the Insurer will occur when the actions prescribed General Customs Directorate against the Borrower, in accordance with applicable laws "(sic). And the art. 807 of the CA states:" The suspension and interruption of limitation with respect to the principal debtor also act in relation to joint debtors and debtors subsidiary, except in the cases referred to in art. 806, incs. d) e) "."

"Whenever the running of the limitation of the Treasury action was suspended until the decision was from 1334 to 1305, of May 3, 2005, notified on May 5, 2005, must conclude that to date the disputed charges made by the insurer, ie the position No. 1438-1405, notified on 8 November 2005 - was not prescribed the action of the National Treasury to collect taxes it claimed. Consequently, for the appellant assists in his approach, as prescribed is not the action of the Treasury to collect taxes ... "

Quote: [elDial.com - AA6749]

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simple tax evasion. AFIP complaint. LAWYERS IN MAR DEL PLATA

SIMPLE TAX EVASION. Article 1 of Law 24,769. COMPLAINT FILED BY THE AFIP. OUTLINE OF INVALIDITY. Judge makes room at the same arguing the existence of inconsistencies, omissions and speculative findings, omitting a description clear of the charges and details of the grounds on which it is assumed the crime. APPEAL. ORIGIN. Validity of the complaint. requirements

Incident of invalidity raised by A., RD \u200b\u200b"- Federal Appeals SILVER - 13/10/2010

" Beyond the possible shortcomings arising from the complaint lodged by the AFIP, I believe the decision a quo by which rejects invalid raised, is consistent with the law. "

"Indeed, there is no procedural rule that provides for the revocation of a denunciation, which, in cases of crimes against public order, can be made by any person aggrieved by a crime or has news of his commission, and the only formal requirements are that the complainant that the sign and find your identity (conf arts. 174 and 175, CPP). "

" While the ritual code provides that the complaint should contain as far as possible, the relationship of fact and other evidence which might lead to physical and legal qualification, the complainant is not part of the process and has no liability unless incurred in the crimes of false accusation or slander (conf art. 176 and 179, the CPP). "

" On the other hand, under as provided for in Articles 180 and 188, the complaint is not sufficient for the judge would initiate a criminal investigation, but requires the momentum of the representative of Public Prosecutions by requiring instruction. "

" should be added that The complaint also can be dismissed by the judge and, otherwise, the procedural steps that are performed in the advancement of research may be disputed by the parties through the appropriate recursive way. "

Quote: [ elDial.com - AA6763]

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COMPANIES. Suspension of decisions in assemblies. Failure. LAWYERS IN MAR DEL PLATA

COMPANIES. Precautionary measures. Suspension of decisions in assemblies. APPROVAL OF BALANCE. Rejection. Article 252 Law 19,550. Absence of "serious reasons". Claim ignorance about certain operations. Failure to suspend the effects of the impact of the adoption of balances

"Perez Javier Miguel c / viajandoonline.com s / regular s / incident of appeal" - CNCOM - 26/10/2010

"While this Court does not disdain the relevance of financial statements or the rights of shareholders concerning themselves and judges that the balance is important in any business, is particularly meaning in the corporation to the partners and third, for his triple role: a) to know the status of its net worth, b) ensuring the integrity of the capital, with the completion of amortization and reserve training, etc, c ) publicizing corporate business and its consequence, the distribution of profits or losses (CNCom, the Board in re "Marocco, Oscar Enrique c / Lamartine s / precautionary measure", of 04.12.1998), the fact is that the sub lite the preventive suspension of the execution of the assembly-based decision that approved the financial statements do not transmit to attend the aforementioned circumstances relied on other points: the lack of evidence that allow us to infer the existence of "serious reasons". "

" The actor does not allege the existence of false or made bad accounts, only invokes his ignorance about certain operations, or other support- and this is no reason to suspend the effects of the adoption of the balances since they do not seem to reveal anything other than the actual financial status of the society. "

" To declare the suspension of the contested decision must be accredited in assemblies situation risk, which imposes the need for such intervention in the affairs of individuals (doctr. art. 114, Law 19550, in fine, CNCom., This Court, in re "Arcondo Ignacio G. c / Drums of Comahue SA, 11/09/1995), a situation that in the case, and merit of the above, does not hold."

Quote : [elDial.com - AA6700]

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construction site. DAMAGES. Lawyers in Mar del Plata

DAMAGES. Work in Progress. EXCAVATION WORK. Damage caused to property boundaries. COLLAPSE of a partition and a sector ceiling. fissured pool. RESPONSIBILITY OF THE OWNER AND THE DEFENDANT MANUFACTURER. Vicio stemming from the construction. Art. 1113, 2 º part of the Civil Code. MERITS OF THE CLAIM. Indemnización por daños materiales. Daño moral. Rubro que incluye la privación de uso de la pileta de natación. INTERESES. Determinación. Computo del 8% anual desde el momento del perjuicio hasta la sentencia, y luego tasa activa. DISIDENCIA PARCIAL. Aplicación de tasa activa desde el momento de la mora

“Di Vito Ubalda y otro c/ Confira S.A. s/ daños y perjuicios” – CNCIV – 20/10/2010

“Lo que debe acreditarse en supuestos como el del caso es que como consecuencia de la excavación llevada a cabo en el terreno lindero de la calle I. se ocasionaron daños in buildings of the street A. However, only for the sake, say that the testimony is clear that the state of the properties before the car actually was good. "(The vote of the judges of the Chamber L, unanimity)

" In that order, even though the expert has said that it is not easy to determine the cause of the damage, determined that its production could be contemporaneous with the excavation work carried out by the defendant. "(The vote of the judges of the Chamber L, in one accord)

"Therefore, this statement added to the review, and taking into account that emerges from the photographs certified by a notary on early evidence and testimony provided by plaintiff's neighbors who saw the damage caused to their property, more of damage to their properties for the same reason, I think that is accredited adequate causation between the damage caused to the goods of the plaintiff and the action of the defendants, and since these damages were caused by the defect of the thing, if the vice construction (excavation), the responsibility should be analyzed according to as provided by art. 1.113, 2 nd part of the Civil Code. "(The vote of the judges of the Chamber L, unanimity)

" Contrary to what exposed, given that the shareholders failed to prove any defenses which provides that Article, in order to break the causal link, should answer for the damage caused to the plaintiff, determining that their grievances be dismissed and confirmed the sentence on point. "(The vote of the judges of the Chamber L, unanimity)

" Suitable for the interest rate to be applied is 8% per annum, provided that not less than the deposit rate, from each subject to determining the compensation to current values, if this statement of appeal, and thereafter until the cash payment to the lending rate overall portfolio (loans) annual nominal thirty days past due Banco de la Nación Argentina. "(The vote of a majority)

" According to the general rule imposed by the plenary and regulated by the Code art.303 and consistent procedure, the interest must be cleared from the Moorish that is, from every harm and to actual payment, the lending rate as overall portfolio (loans) annual nominal thirty days overdue, the Banco de la Nación Argentina. "(From the partial dissent by Dr. Pérez Pardo)

Quote: [elDial.com - AA6735]

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traffic violations. The Dakar came in red! LAWYERS IN MAR DEL PLATA

The red rose
Dakar
Large vehicles Dakar caused traffic problems in the
Photo: Télam
In an unprecedented lawsuit, complained to various officials Cordoba by dereliction of duty and all the participants of the rally for violating traffic laws and the Code of Misdemeanors in Cordoba province. Can political justice and punish the organizers?

The Foundation for Environmental Defense (FUNAM) reported to all national and international pilots who participated in the Dakar Rally 2011j, which ended a few days ago, by the large number of violations of traffic laws committed in his step National Highway No. 38 running through the province Cordoba, in a section that was "binding" and was used as a "hint of competition."

The complaint is in charge of the fair tax shift differential, Hector Chiapero is also directed against prevention of traffic accidents in the province, Miguel Ledesma, the Chief of Police of Cordoba, Alexis Paredes and other officials Directorate of the Highway. Officials

, FUNAM president, Raul Montenegro, the alleged breach of the duties of public officials, while the pilots are accused of having "violated the National Traffic Law No. 24,449 and the Code of Offenses provincial. "

The crime of dereliction of duty of public servant provides for penalties of up to two years in prison if convicted of relapse, and violation of traffic rules are penalized according to the type of offense. The most serious of which may be driving drunk or under influence of drugs, or driving unlicensed or organizing or participating in the public highway, powers unauthorized speed motor skill or provide sanctions for arrest.

In the complaint, the FUNAM listed a large number of traffic violations they witness said, such as circular in the opposite, speeding transit shoulder, and double yellow line exceed, among others, and some of them in the eyes of local police. According

realize the NGO in the complaint, the police did not intervene to "superior orders" as is received in response to the effects shown in Cordoba link crossroads of routes 38 and 17, "which put in serious jeopardy people's lives. "

The FUNAM considered these "orders" were given by senior staff not only local police but also by officials of the direction of travel.

particular, accused the pilots to use that stretch of route running from link-as is the organization of the event-like a "hint of competition" more, and it was a "general irresponsible behavior" by runners throughout the day on Jan. 3 .

http://www.diariojudicial.com/noticias/El-Dakar-paso-en-rojo-20110120-0014.html

Wednesday, January 19, 2011

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DAMAGES ARISING FROM THE NEIGHBORHOOD. CONSTRUCTION IRREGULAR. Lawyers in Mar del Plata

DAMAGES ARISING FROM THE NEIGHBORHOOD. Illegal construction of a building. DECREASE OF THE LIGHT. ALTERATION OF SIGHT. Impairment of property. CLAIM OF DAMAGES. REJECTION. Statute of limitations. Section 4037 of the Civil Code. Neighbor victim who brought complaints to the City Government of Buenos Aires since the start of construction offside. Oriented requirement to regulate the work and not to collect sums of money for damages. Request for judicial pose different object. ADMINISTRATIVE ACTIONS THAT LACK OF EFFECT OF INTERRUPTED CALCULATION OF THE LIMITATION PERIOD. Natural obligation. REJECTION OF THE APPLICATION
"Gauna, Raquel Haydee c / Bai Sumg Eum s / damages" - CNCIV - 08/10/2010
"The submissions referred to the Government of the City of Buenos Aires in no way disrupted the course of the requirement to claim damages; what is true not only my opinion but also, and this is good highlight - for all the case law cited by the tensioners, so that we would say, are the actors who provide the argument to have been met, the statute of limitations in this case. "

" Bottom accounts, there is an important agreement referred to case law that administrative arrangements do not interrupt the course of the prescription, especially when such actions are not a prerequisite for access to the courtroom, and even more in cases where required to Management has had a different subject to judicial pose, ie, in the present case, when claims or complaints of an administrative nature are not channeled in order to petition a sum of money for alleged damages incurred. "

" In light of this, I admit I must pronounce for the defense of statute of limitations opposite the notice and, therefore, propose to the Agreement the rejection of claim in the complaint seeks damages. "

" It is true that the admission of the prescription means in the case pretensioners can not receive damages and claiming to have suffered damages by the irregular constructions made by the defendant. But it is also true that actors, noting that in July 2001 launched the jobs that called into question, just decide to face the trial on damages in May 2007, ie almost six years later, that is when I was about triple the limitation period established by the art. 4037 of the Civil Code. "

" according to the letter expresses the art. 515, inc. 2, of the Civil Code, the opposition of the defense of prescription and compliance with the deadline set for it in this case determined that the duty to repair that may be driven head became a natural obligation, leaving it subject to the limited projections of this kind of obligations. For Thus, the compulsive demand compensation for damages requires no more nor less "natural state that this obligation has been turned back into a civil obligation."
Quote: [elDial.com - AA6707] should

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punish dealership because the phone route SOS IN MAR DEL PLATA funcionaba.ABOGADOS

pay $ 10,000 to a carrier that wanted to call the emergency number for help in a fire in his trailer, but the line did not walk

The House on Administrative Litigation ordered the dealership route 188, connecting the locality of San Nicolas with the Pampas Realicó, to compensate a carrier could not ask for help before a fire since the beginning of your may not work.

The third chamber of the House, with the signatures of judges Carlos Grecco, Jorge Argento and Sergio Fernández, provided that the concessionaire Covic, which operates the toll roads, the carrier must pay 10,000 pesos plus interest of nearly a decade, reported DyN agency.

The incident occurred on July 6, 2001 at km 333 of Route 188, where the carrier suffered trailer fire his shot and came up to help put SOS telephone for assistance.

But the "lack of performance" helpline "prevented the truck driver require timely assistance General Villegas firefighters.

According to the findings, the licensee violated its obligation to "preserve the path conditions" and "remove the causes that give rise to annoyance, inconvenience or danger to users.

SOS poles must "facilitate communication in case of accidents or other needs and, therefore, models elements are within the concessionaire must maintain operating conditions," summarized the decision.

http://www.iprofesional.com/notas/ 110 403-punishment-a-dealer-of-path-for-the-telephone-SOS-no-working-

Tuesday, January 18, 2011

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slave labor in rural ranch, for the prosecution, "it is proven the crime of trata.ABOGADOS IN MAR DEL PLATA

causes for alleged "slave labor and subjection to servitude" in rural ranch north of Buenos Aires, which instructs the Federal Court No. 2 of San Nicolas, accumulated in two cases and the prosecution "the crime of trafficking in persons is proven," judicial sources said.
"From the standpoint of Public Prosecutions is proven the crime of trafficking, and in some cases have called for detention and questioning of the managers of the companies involved," said spokesmen Telam research.

However, the sources said, Judge Carlos Villafuerte Ruzo rejected the measures promoted by the prosecution and rejected calls for elimination of any prison presented by the defendants.

So far "no There is no detention, "reported close to the records.

causes originated after raids in two areas of the locality of San Pedro on 30 December and on January 4 last, and three other farms that exploit Status firms Suthern Ager SA and Seeds Production in the cities of Ramallo and reefs, where they found about 274 people in deplorable and inhumane working conditions.

The five cases in which we investigate the alleged crime of trafficking in persons, the cumulative in two cases according to the companies operating the fields and not by the establishments raided, judicial sources stated.

Federal Judge No. 1 of San Nicolas, Martin Alberto Martinez, who subrogated to Ruzo Villafuerte for his license, said Telam that extended the gag in both cases until Jan. 25, as adopted by the owner of Court No. 2 before you take your vacation.

The judge explained that the statements incorporated in the files are "taken by the police" the exploited workers santiagueños when the raids were legal.

Judge Ruzo Villafuerte did not delegate the investigation of cases in the prosecution, so that the Attorney General can only request measures which are at the discretion of the federal court No. 2.

According to judicial sources, the judge denied the prosecution's request to stop and take a statement from the directors of the companies involved in alleged cases of human trafficking and bonded laborers.

The same sources reported that the judge "also denied immunity from imprisonment filed by the accused, which is contradictory, because if it sees no reason to call them to testify there is no reason to reject the elimination of any prison."

http://www.telam.com.ar/vernota.php?tipo=N&idPub=209664&id=397977&dis=1&sec=1

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decreased 28 , 9% the number of road accidents and attributed the decrease to the controls viales.ABOGADOS IN MAR DEL PLATA

Interior Minister Florencio Randazzo said today that what is sought with the controls on the roads "is the awareness of the people" and stressed that they were achieved thanks to "lower road accidents across the country."
Randazzo, who took control today which was held at the La Perla, told reporters that "we are aiming to education, control, prevention and punishment, and we can say that we have obtained encouraging results."

According to him, "the number of fatalities in road accidents fell by 18 percent nationally, while the number of road accidents" dropped by 28.9 percent, compared with the same period of 2010 ".

"The results are very good, showing that people are becoming aware and from the state decided to put this issue on the public agenda," he said.

The minister highlighted the importance of joint work being done by the National Highway Traffic Safety Agency with national and provincial forces, and cited figures Routes 2 and 11, going to the Atlantic Coast, where "the reduction in the number of fatalities so far this year was over 50 percent. "

The official said the work will be strengthened during 2011 "because we know that a high percentage of deaths could be avoided" and put as an example of the fatalities, 66% not wearing a seat belt.

In this line, said the five causes which produce 90% of fatalities in road accidents: speeding, alcohol in blood, no helmet or seat belt and cell phone use while driving.

Randazzo said that "the idea that the state is present is not more or less than people feel calmer" and has warned against "a repressive order" or "invasion of individual liberties," but the goal is "to preserve life."

http://www.telam.com.ar/vernota.php?tipo=N&idPub=209663&id=397986&dis=1&sec=1

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The dealership went bankrupt, did not deliver the car and now must repay the fabricante.ABOGADOS IN MAR DEL PLATA FAMILY

for the judges was a subordination between the two companies, which implemented the Consumer Protection Act. What new situation arises in business relationships with such sentences. What the judges took into account to reach that decision.
In recent times, the implementation of the Consumer Protection Act has gained an increasingly prominent place in the courts.

When issuing a ruling, the judges "Shaking" to companies when they decide to use this standard, since that may mean the loss of significant amounts in fines and penalties.

In this scenario, among the companies most affected by such sentences are the manufacturers and distributors of various products, who "do not see the face" of the final consumer, but no less accountable to their claims.

In fact, a few days ago, the Consumer Protection Division ordered a car dealership and General Motors to compensate a client with an auto zero kilometer, for having delivered a vehicle with mechanical problems.

This was not all, the Court also upheld the sentence, which warned businessmen as it is an unpublished decision in this matter.

And now, a new fault is again a concern.

happens that this new ruling establishes joint liability of the members of the marketing chain, since one of them went into a state of insolvency or financial difficulties and was unable to meet its obligations to the purchaser. Experts consulted by
iProfesional.com
stressed the importance of these precedents and the leads that can bring that is the manufacturer who is liable for damage, for future claims. Buy unfinished


all started in March 2000, when the customer purchased a Volkswagen dealer a 12,500 kilometer zero Gol pesos.

For the purposes of agreeing the payment, en un primer momento, se le aceptó un plan canje por $4.840. Y, para saldar la diferencia, el comprador debía abonar $500 para luego cancelar otros 7.800 pesos.

Pero, una vez realizado el pago al contado y ante la falta de entrega del automóvil, intimó a la concesionaria. En respuesta, le fue informado que ya le habían asignado una unidad color rojo y que estaría a su disposición en quince días.

Entonces, ¿cuál fue el motivo de la demora en la entrega del vehículo? La razón se encontraba en cómo fue la operatoria: a través de la estructura de comercialización de los automóviles de la fábrica, Volkswagen Financiera -empresa distinta del fabricante- disponía a line of credit to official licensees of the brand, for payments of the units, parts and accessories.

The problem originated when the dealership failed to pay the notes he had signed.

the absence of a cancellation of those documents, financial proceeded to the kidnapping of car sold and others who were in local sales.

And this resulted in the competition for the concession and the lack of delivery of the car in question.

In this context, the buyer summoned the manufacturer, who denied responsibility when considering a person not party to that contract between the parties. The competition

creditors, the victim received $ 8,300, but reserved the right to sue for the amount missing. Therefore, the case finally resolved in court.

The court ruling upheld the action brought by the victim against Volkswagen and ordered the latter to pay the particular amount based on the loss of use, the time could have used the vehicle but did not-more interest and court costs. However, rejected the lawsuit brought against the lender.

Both the manufacturer and the customer have appealed to the House. The buyer felt that the amount of the sentence was inadequate, since it is not carried out or updated guidelines can obtain an automobile similar to the one purchased. He also requested that the amount calculated by the deprivation updated to the date of sentencing.

Finally, questioned had not been convicted of financial solidarity and asked that the costs were imposed to the manufacturer, if this action was rejected. Volkswagen

rejected the argument the trial judge and denied that the dealership was technically and economically subordinate to it. He also indicated that, being totally different companies, had no duty to control or monitor. The

another point in its complaint centered on the implementation of the Consumer Protection Act, and that this provision places the responsibility of all actors in the supply chain only in some cases but not in this.

The maid said that "under the trade structure created by the manufacturer, it can not exonerate ... connectedness because of the contractual obligation of the safety, appearance and confidence that the brand arouses the consumer. "

is, for judges, it was a liability, since the contracts must be interpreted in good faith, so that consumers might believe that directly hired with Volkswagen.

For this reason, ordered implementation of the Consumer Protection Act and highlighted three aspects:

advertising developed by the manufacturer involving the entire dealer network.
The use of the mark.
The show filmed in several local independent dealer and the subsequent kidnapping of twenty cars, including the road was purchased by the consumer, with absolute disregard and indifference for the buyer who had paid the full price of the vehicle.
"The manufacturer is bound to contract your local dealer and consumer end product by the mark. The brand operates as a guarantee of quality and safety," added the maids.

The judges also stressed two other points of the Consumer Protection Act. Article 3 stipulates that "in case of doubt, the interpretation will always be more favorable to the consumer."

And also relied on paragraph c) of Article 37-referred to the terms abusive and ineffective provisions, "which provides that" when there is doubt about the extent of its obligation to the user, which will be less burdensome " .

In this, the judges remarked that "the breach of contract happens when frustrated or decrease the justified expectations of the client. The greater the appearance of security brand, the greater the expectations it brings. "

Importantly, a specific effect of the termination of the contract is to return of sums paid by the purchaser in the event of default by the seller.

This return must put the customer in the same financial position at the time of the creation of the obligation, ie, you must return an amount that you can buy the same car he paid under the contract avoided.

Thus, the judges noted that the amount obtained by the buyer in bankruptcy did not cover this damage, so that the company shall pay the amount resulting from calculate the difference between the value of the vehicle in question and the amount actually received in the tender for the seller.

addition, the judges rejected the claim against the financial and ordered the manufacturer to take over all costs of prosecution. Impact


"The sentence is of undoubted interest, since it is one of the few that establishes joint liability of other members of the marketing chain when one enters a state of insolvency or financial difficulties and can not meet its obligations to the purchaser, "said Alejandro Chamatropulos consultant.

Meanwhile, university professor Andrea Mac Donald said that Law 24,240 provides that "if the consumer harm resulting from the defect or risk of the thing or of providing the service, answer the producer, manufacturer, importer, distributor, supplier, vendor and who has put his mark on the good or service. "

if one of the conditions of the norm, "it is appropriate to extend liability to a presumption because of solidarity that extends to those individuals within the market of goods and services, giving also the possibility to the consumer damaged sue them. "

The specialist said that the rules contained in article 40 indicates that "the liability is joint and several, subject to appropriate action. Only released in whole or in part, who show that the cause of damage has been employed."

"We reaffirm here the extension agents involved in the market for goods and services, who will have the burden of proving that the damage caused to the consumer has been no stranger to such damage," said Mac Donald.

Chamatropulos said that "in this case, it is not unreasonable to require the manufacturer to respond, since it should bear the risk of having devised a mechanism for the marketing of goods produced through a network of dealers." It

say, from the moment that decides to "outsource" the sale of cars instead of making it through their own channels, the logical consequence is to respond to the risks, the state insolvency of the concessionaire, the developed system.

"This is a similar solution, in essence, for solidarity which governs labor for outsourcing of activities. All this without prejudice to exercise after-action replay request a remembolso-to be created entitled "said Chamatropulos.

Another aspect to highlight is given by the importance given to the Volkswagen brand, and the legitimate expectations and confidence that it wakes up on consumers.

"That confidence extends to dealers, since they are served largely to profit from it. Therefore, it is reasonable that the factory meets its obligations for distributors," concluded Chamatropulos.

http://legales.iprofesional.com/notas/110306-La-concesionaria-quebr-no-le-entreg-el-auto-y-ahora-deber-resarcirlo-el-fabricante

Monday, January 17, 2011

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It's new law governing habeas data. LAWYERS IN MAR DEL PLATA

Friday formalized the entry into force 14,214 of provincial legislation that regulates the constitutional action of habeas data. The reform, born in 1994, had not yet been regulated.

The Executive, headed by Governor Daniel Scioli, ordered the enactment of the law of habeas data with its publication in the Official Gazette on Friday.

The new rules will be applicable to appeal to habeas data In order to know the personal information submitted in the form of records, files or database, both public and private organizations, intended to supply information. This gives access to the purpose for which it is intended that information, whether it was communicated to others, to whom and what purposes, to require ratification, modification, updating or cancellation.

Article 2 of the passed law 14,214, set in the matter of "standing" that "will be entitled to bring this action any natural or legal person concerned. They are also entitled heirs universal forced the person which establishes the data, when the inquiry intends to defend the family honor. In the case of demand can collectively affect initiated by the Ombudsman of the province of Buenos Aires and / or associations or collective groups demonstrating sufficient legitimacy in representing those affected. "

The law allows citizens to oppose the inclusion of data that discriminatory effects of the person concerned. In turn, the draft adds that their removal may be required in cases where the presumption "has been used to undermine the honor, personal privacy and / or family ".

As competition and the jurisdiction, the law says "The court will be for the court of First Instance in Civil and Commercial lawyer magistrate, where it exists, in the case of private files that give reports, and the court of First Instance on Administrative Litigation in the case of public records of the province of Buenos Aires. "

Habeas data guarantees the right of every citizen to know the personal details about himself there in the records or databases, whether official or private, designed to provide reports for this information is accurate, complete, current, non-intrusive and guarantees safety and use according to the purpose for which it was provided.

For the overall process and prior intimation, the response or the timing, the enacting regulations: "For the exercise of habeas data, the petitioner must notify his claim to reliably holder or registration database. Only the refusal or silence it will expedite the prosecution. For the case to be taken given the records, files or database that you should exhibit, the applicant may be assisted by technical or legal advisors.

"It means that there is silence of the owner required if the requisition is not answered within five (5) working days, in the case of private persons and fifteen (15) working days in the case of legal persons in public. The demand of habeas data shall be filed within sixty (60) judicial days of being notified of the refusal. Otherwise, a lapse in the procedure and should proceed again as stipulated in article 5, entered the law.

Every citizen can become more aware of the information contained in such records, to "require the rectification, update or cancel and when the affected feel violated his rights records whose use would be discriminatory. "may also bring this action to stop the damage without that stop you from initiating other legal action for damages that would have caused, or criminal action if the content of the recorded data would set up a crime.

In addition, the publication of the Official Gazette remarks that after the case is filed, and at any stage of the process, the judge, ex officio or upon request, may order the injunction as it considers appropriate.



http://www.diariojudicial.com/noticias/Ya-rige-la-nueva-ley-de-habeas-data-20110114-0013.html

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supply of small quantities of money a person incapable. LAWYERS IN MAR DEL PLATA

for Civil Justice ordered the provision of small amounts of money to a person declared as "unfit." The goal of treatment is to bring to their personal recovery.

Civil Chamber decided to reverse the previous statement and provide a person suffering from insanity to manage money as it would be "beneficial to the incompetent."

Thus, judges Carlos Bellucci, Beatriz Carranza Casares Carlos Arean and established that the subject should "be able to manage small sums of money for daily expenses, so in keeping with the" purpose of the conservatorship that is mainly in the recovery of capacity, thus not being able to request the conservator to account documentada de dichos gastos”.

Los jueces manifestaron que correspondía revocar “el decisorio que ordenaba al curador rendir los gastos efectuados por quien fuera declarado incapaz, en tanto se probó que dicha persona puede manejar dinero en pequeñas cantidades y hacer las compras de la casa, pues, la declaración de incapacidad lo es sin perjuicio de la aptitud del así declarado para continuar realizando dichos actos o los que el juez habilite con posterioridad”.

Asimismo, “la restricción a la capacidad debe serlo en la medida necesaria y apropiada para su bienestar (artículo 1° de la Convención Interamericana para la Eliminación de todas las formas de Discriminación against Persons with Disabilities, adopted by law 25 280), proportional and tailored to the circumstances of the person and subject to periodic review in accordance with the provisions of Article 12 of the Convention on the Rights of Persons with Disabilities, adopted by Law 26 378). "

"If the primary purpose of the conservatorship is that the incapacitated person recovers capacity (art. 381 of the Civil Code) or, in terms of art. 141 of the Civil Code, which can govern himself and manage his property, can not ignore the crucial importance of the possibility of drive yourself to the earnings. It seems easy to see how beneficial it is for social inclusion, increased autonomy and eventual rehabilitation (cf. Principle 9, fourth paragraph of the Principles for the protection of mental illness and the improvement of mental health care adopted by the General Assembly United Nations res. 46/119 of 17 December 1991, art. 12 incs. 4 and 5 of the Convention on the Rights of Persons with Disabilities, ratified by Law 26 378) ", argued the maids.

Regarding the resolution clarifies that: "The solution is presented in the case, as the most appropriate because the person is carrying on the management of what it perceives as a pension several years ago with no problems had been found to suggest to modify its position. In addition, the Forensic Department has ruled that in accordance with the related, would be able to manage money, "being careful early monitoring their performance." Http://www.diariojudicial.com/contenidos/2011/01/06/noticia_0005.html

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Pay a property tax is not credited. LAWYERS IN MAR DEL PLATA

Civil Chamber overturned a sentence for which he had admitted the complaint filed by a woman who claimed that awarded a department. His argument was based on the payment of "taxes and expenses."

The case began when engaged GMZ demand for "adverse possession" against JBB, in relation to a building located in the City of Buenos Aires. The actor said in his pamphlet that his uncle, JBB, who died in 1979, sold the apartment to her mother, "through ticket sales."

He highlighted that "the abruptness of death" of his uncle prevented "the conclusion of the scriptural act", being the document referred to above as "the only proof of purchase and payment of the price", and "as this is an act not may specify and taking into account that handles probate and estate vacancy, lack of inheritance, was forced to start this trial. "

He said that since the death of the holder dominial, held "in a continuous, peaceful and uninterrupted the property" whose usurpation aims, taking charge "of the costs of upkeep and maintenance, which includes taxes and services and monthly expense" . Considered to have behaved "over the years as a real owner," and also mentioned having "rented the apartment."

The House understood that it was for the verdict of an extent as to grant the application for adverse possession, "since, without prejudice to be true that the lack of continuity in the payment of taxes and contributions weigh on the property is not determinative to rule Dominis animus required for the progress of acquisitive prescription, the existence of a period in which the actor did not offer proof to support the payment of taxes, services or expenses that fall adverse possession of the property as intended, is sufficient to dismiss the progress of the action. "

" Paying taxes is not itself an act of possession and therefore no evidence in relation to the corpus of possession required to make room for demand of adverse possession, not being achieved in the case show that they have committed acts of possession in a full and undoubted during the period of 20 years as at the law, "records the failure.

In this sense, the judges reversed the ruling as soon as he had admitted the" adverse possession claim on the property "whose deed had been omitted because of the death of the holder and is vacant inheritance, "since the payment of taxes alone is not an act of possession and therefore no evidence in relation to the corpus of possession required for cases like the present".

Among the reasons expressed by the maids, it is noted that "do not correspond to a claim for adverse possession when the plaintiff fails to demonstrate, with convincing evidence-possessory act par excellence, ie the occupation of the building as intended usurpation. "He could not prove that he committed acts of possession in a full and undoubted during the period of 20 years required by law to these cases," the judges added in conclusion.

http: / / www.diariojudicial.com/contenidos/2011/01/09/noticia_0003.html

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Motherhood: The company would later deposited salary, dismissal and now considered charged 13 sueldos.ABOGADOS IN MAR DEL PLATA Marplatense

One topic that generates more controversy at the workplace is the dismissal of pregnant women.

This is that judges are often faced with claims which must determine whether it was a discriminatory measure, if there was just cause and if you really met all legal requirements in order to implement aggravated damages.

The Labor Contract Law (LCT) provides special protection to women during pregnancy and in situations that went on maternity leave, in order to ensure some stability for the company where they work. In this sense, Protectoria enjoy a period of 7 ½ months before and after childbirth.

In a recent case, the Chamber of Labour ordered to pay a compensation dependent on the aforementioned increase, equivalent to 13 pay-who joined the compensation for dismissal without just cause and because the judges gave reason to the employee, who had to consider dismissal, following that the company had not paid their entire salary.

Thus, despite being a constructive dismissal, also considering the lateness of the reply signature in the dependent claims, the judges asserted the said legal protection.

Non-payment and dismissal
The worker summoned the company to cancel you pay gap due to him saying that, if not perceive, they would consider parting.

The firm had failed to pay full wages and to pay the highest percentage to make ends meet and then the rest.

As there was no response, the subsidiary, through a telegram met with his warning and considered dismissed. For this reason, the respective compensation.

At that time, the company said that wages were available, but this response was useless since the dispute finally resolved in court.

In the case, the employee said his decision to respond to the lack of response from their employer, a previous report. Also argued that charging a portion of your salary in black and asked to be applied the corresponding fines.

also requested a compensation of 13 salary aggravated because he was enjoying the period of lactation as mother had been very recently.

The judge considered justified the decision to break the employment relationship with the employer's silence your close and upheld the claim in its entirety.

Then, the firm appealed the decision to the House.

For this purpose, said the resolution would be wrong because, from their point of view, answered the summons. He also indicated that corresponded to ignore the constructive dismissal, as there was no effective communication, and stated that the discontinuance telegram was not authentic.
"The burden of proof of lack of authenticity of a letter document rests with those who deny its reception, "explained the maids. For this reason, the company should certify that they received the first telegram intimatorio.

The judges took into account that, in answering the letter where the subsidiary document was terminate the employment relationship, the defendant stated verbatim: "In response to telegrams respond, unpaid wages available

...". Thus, for judges was" conclusively established that the company received two telegrams sent by the employee, the intimatorio and communication of constructive dismissal, and you just react after receiving the second, so there a lateness of his response. "

company also complained about the order to pay the compensation of Article 178 of the LCT, because, he said, the employee did not invoke the discontinuance telegram did not demonstrate that the dismissal was due to indirect as mothers.

For judges, this situation could not be discussed because the subsidiary had given birth just four months before being considered for dismissal.

According to judges, labor rupture occurred within the "term suspicion "of Article 178 of the LCT.

Based on this precept," presumably, then, that the dismissal was due to maternity reasons, "said the maids.

"The special allowance, provided for dismissal because of motherhood, is also from the assumption of constructive dismissal because, otherwise, the employer would be enough to make intolerable the implementation of the employment relationship for pregnant women, obtaining by indirection what the law to ban him directly, "reads the statement.

Meanwhile, another questioned the court ruling revolved around the payment of remuneration in black. The employee said he noticed a "better pay" of $ 1,600, consisting of the registered salary of $ 1,081.49 and $ 519 allegedly paid to him in black. The

maids gave reason to the company because, according to testimony, there were no references to alleged payments unregistered but only realized the existence of arrears in the payment of salaries and expenses of carrying out enough - 'to month's bill late "-.

Consequently, the judges dismissed the application of the presumption in Article 55 of the LCT, as there could be errors in the books that had the company where the claimant is registered.

In total, then recalculate the amount of damages, the judge set the damages at $ 40,986.37 plus interest. Voices


"Companies should adopt a comprehensive approach to the summons of the worker, even when it is defective or fails to comply with the requirements set by the Contract Law, "said Juan Manuel Minghini, Minghini study, Joy & Associates.

For the specialist, this means that companies must do more than the letter of the rule requires. For that reason, he suggested "extreme the collections and their own claim against the orders of the employees to demonstrate, in court, which was de good faith that the law required, "the specialist.

compensation on the increase because of pregnancy," the Labor Contract Law, aggravated damages imposes in terms of trying to protect a greater extent, certain situations of working women. Thus, it is protected from dismissal when pregnant, "explained Juan Carlos Cerutti and Gustavo Unamuno, Cerutti study partners, Unamuno & Daraga.

" It protects the workers by imposing a higher cost to the company for the case that the unlink company or the employee is deemed terminated. Not prohibited but are more expensive, "he added.

Source: Professional Infobae

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17/01/2011 Was it the marplatenses if Aldrey El Gallego Iglesias was" without doubt be better off. Live closer to the municipal government is in power, by typing the life of the whole world. Obviously also on the provincial government because it is intimate Daniel Scioli. Kind. Aldrey
Iglesias is exploiting the employees working for the bully and taking advantage of unemployment is in Mar del Plata. And ruined at the time to LU9 Radio Mar del Plata, he took the coast Galana trained personnel to take to the Hotel Hermitage when recycled everything, promising more money and then not fulfilled.
These people do not have to fear. The hypocrisy invented so powerful that this person can not speak evil, he invented and his dirty money and environment political and social.
Multimedia company News From Aldrey promotes K line at your convenience. Aldrey
Iglesias is better placed than anyone to make Mar del Plata a happy city, literally, as it has political contacts that come to mind, and yet used to their advantage, building loyalty is not such, but fear, officials on duty.

Sunday, January 16, 2011

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What is the origin of the idea DP Public Complaints? ... As the surfeit marplatense a lot of issues ...

The origin of the idea of \u200b\u200bcreating public DP Complaints Mar del Plata, center to receive complaints, complaints against public bodies or other, solutions and proposals , becomes the satiety that occurs to me to marplatenses we want take stupid and we have to bank as it comes.
Receipt of complaints is in the following link
From Social Networks like Facebook (Maria Fernanda Panizo) and Twitter (@ fernandapanizo) 'm advocating citizen participation in this project marplatense social interest. The same is non-profit, non political and not ask for donations of any kind.

Since the municipal government deceive us laying the blame for what happens to nation or province. Is throw the hot potato and in the end nobody fixes anything. Thinking living on tourism and here there is increasing unemployment. The city court is to see. All that matters is the center of the city and put those ridiculous flags for the day of the Summit of the Americas. We are the center of all kinds of conventions, conferences and meetings that do not solve anything. Come for coffee and discuss who knows what matters and the way they exploit and tourism, but the money they take it out loud. Increasing living micro ticket, taxis, limos and all prices and expect us to shut up. In the city council are more interested they will do with the former terminal, to see how they can do to create jobs for people who live here. There are more city employees than are needed and not wanting to attend and just for the sake of meeting a schedule. Nobody says anything. Everyone short avenues for anything and nobody says anything. More and more public space deals with volanteros and stalls and it's all good, but not be circular. It is thought that because they put 100 new traffic lights and did their duty. I'm sick of the city's vision for tourism denying the reality of life here. Insecurity continues to grow and the municipality spares gasoline for police vehicles. Also to blame Prefecture. We are central truth trials, lawsuits against oppressors, housing plan is the dignity that give off plenty of rubbing shoulders with the government K. We are in the century Century, the era of technology, and the Muni, and provincial and national autarky, etc, continue to drive with notes that pass through 50 offices, which nobody reads, nobody answers and end up filed in a drawer. Not take into account what we need. I'm embarrassed when the city council make key deliveries in the city of Mar del Plata to people who are not marplatense home, and are artistic figures did nothing to Mar del Plata. Everyone thinks of asking well-known sense of corruption here and there to make you go faster this or that. If someone thinks the same or different and have something to say and debate is welcome.

Friday, January 14, 2011

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No bosses' unions. LAWYERS IN MAR DEL PLATA

The Labour Chamber dismissed the request for union status requested by a hierarchical group of workers of the National Bank, which wanted to form a trade union "bosses."

The Chamber III of the House Labor, composed of Luis Catardo and Alvaro Balestrini, rejected the request of a hierarchical group of the National Bank workers to achieve legal recognition for the Senior Staff Association of Bank Officers.

is the cause "Ministry of Labour c / Senior Staff Association of Bank Officers s / Trade Union Law", where workers hierarchically appealed against the decision of that portfolio which had rejected the request of attorney.

The presentation made by these workers, in addition to requesting the revocation of the resolution, requesting to be declared unconstitutional by the articles 39 and 30 of Law 23,551. This presentation also earned a replica of the Banking Association.

Among the grounds for refusal, set out in resolution 659/2010, the ministry said its request to be circumscribed jeraquizados employees of Banco de la Nacion Argentina, this "would mean altering the type adopted by (...) the association, exceeding the types defined by law and will of assembly- union constituted as proven by this Authority category when you get your union status.

Judges, prosecutors said taking, argued that "the appeal must fail because (...) the rejection was motivated by the pose difference between admission and registration request put forward ".

" The union status of the applicant to include all workers of hierarchically official banks and, therefore, its limitation is regrettable, as the legal recognition As we know, must keep a close relationship of identity described by the simple registration, records the failure.

http://www.diariojudicial.com/contenidos/2010/12/24/noticia_0005.html

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Outsourcing is solidaria.ABOGADOS IN MAR DEL PLATA

Labour Chamber Xerox severally condemned to pay compensation to a woman since 1996 dismissal but did not respond directly to her. Two of the three maids voted for the application of art. 29 of the LCT. In dialogue with labor lawyer Guillermo DiarioJudicial.com Pajoni said that "Articles 29 and 30 in place of TBI, in essence, is the [governing] the military dictatorship and, in essence, were not modified."

La Sala VI of the House of Labor, in a split decision, jointly condemned the terms of art. 29 of the Labor Contract Law (LCT) firms Xerox Argentina ICSA and Real Time Consultants SA for the dismissal of an employee. The court held that Xerox's attitude "was a fraud on the law aimed to conceal their real quality and unique employer."

Liliana La Cava joined Xerox in 1982 and made work of meter reading. Then, from 1996, the company "outsourced" their collection service and the woman went to work in this sector.

La Cava has signed a contract for the transfer of personnel by which the yield to Cider Xerox SA and its age was recognized. Five years later, in 2001, she went on to provide the same service but under the aegis of Real Time Consultants SA

"Unfortunately [Outsourcing] is a common phenomenon and, with few exceptions, this is fraud. [But] the problem is not to outsource, the problem is that it fraudulently. Outsourcing is a more serious than it believes, "the lawyer said Guillermo Pajoni, president of the Association of Labour Lawyers, DiarioJudicial.com consulted.

Pajoni said that "Articles 29 and 30 in place of TBI, in essence, is the [governing] the military dictatorship and, in essence, were not modified." The holder of the Employment Lawyers Association found that the law should be amended to charge the whole chain employers who benefit from the work of these people. Arguments



"An analysis of the evidence presented in the case show that the plaintiff always kept his work inserted in the business organization of the defendant Xerox, in its establishment and to fulfill its purpose, so I understand that the conduct by that defendant, who carried out a supply of staff for Cider SA and subsequent interposition of people, including Real Time Consultants SA, constituted a fraud on the law aimed to conceal their real quality and only employer since joining in 1982 until the distractors occurred on 30 March 2006 ", the judge said Juan Carlos Fernández Madrid.

Meanwhile, Judge Graciela Gonzalez, who joined Madrid Fernandez's proposal to frame the case in the context of art. 29 of the LCT, postulated that it was a case of "intermediation survivor."

"While acknowledging that art. 29 LCT first paragraph refers to the maneuver is verified from the time of hiring, I think that that fact would not prevent the budget interpret factual referring to the rule in question could also be extended to events like that verified in the case where the fraud operation was carried out after recruitment, on the basis of a contract initially transparent and regular, then transform and adapt to a completely abnormal situation in clear violation of the rules governing labor relations by hiding the reality of what happened, "she added Judge.

For his part, Judge Beatriz Fontana said "Xerox is jointly liable under the terms of art. 30, LCT. "

At the same time, judges Fernández Madrid, Gonzalez and Fontana agreed in rejecting the tort of La Cava referred to the declaration of unconstitutionality of the applicable statutory cap. "In line with the approach of the sentence issued by the Supreme Court in the case 'Vizotti', it is to combine the legislative purpose of imposing a cap on compensation by applying a pattern-address the glaring disproportion between the worker's income and the basis for calculating compensation "safeguard the constitutional protection against arbitrary dismissal," said the judge whose pose Fontana joining the other judges.

Last July, the House approved the ruling Labour plenary "Vasquez, Maria Laura c / Telefónica de Argentina SA and other s / dismissal" which stated that "when according to the first paragraph of article LCT 29 provides that the employee has been employed directly by the company using its services, appropriate compensation under Article 8 of Law 24,013 although the employment contract has been entered only by the intermediary company. "

At that time, the judge Fernández Madrid majority voted with 10 other judges (including Beatriz Fontana) and Judge Gonzalez held the minority opinion, along with 7 other maids.

http://www.diariojudicial.com/contenidos/2010/12/27/noticia_0008.html

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The abuse will leave $ 100,000 used. MAR DEL PLATA LAWYERS

The Chamber of Labour ordered the club Harrods Gath & Chaves compensate an employee who consistently harassment suffered by the President of the institution. In addition to disqualify for being obese, the increased workload.

Oscar and Maria Garcia Margalejo Zas, members of the Chamber of the House Education V, ordered compensation for almost 100 thousand dollars to an employee who was considered dismissed due to abuse suffered by the chairman of Harrods Club, located in the area Belgrano.

is the cause "DAB c / Club Harrods Gath & Chaves Assoc Civil s / Dismissal", which began after a worker was continually abused and pressured by the club's president Richard Ambrose.

As noted in the case with the testimony Currently, he realizes "the abuse and pressures Ambrosio, president of the defendant, served on the plaintiff, and the workload imposed on the latter", say the judges.

Since joining the new president "had people abuse, discrimination, staff," says one of the witnesses and added: "As for the discrimination that is prevalent because it says the club's staff does not work, you do not know to have staff if not used to doing nothing, which discriminates by being obese, and alcoholic. The mistreatment of the plaintiff was the persecution that came and demanded that she had this almost always there to or could go to the bathroom, who lived by. "

Therefore the maids argue that" the mistreatment suffered by the employee of a superior (as in this case Ambrosio), added to the workload, warrant, In this case, the decision to rupture of the plaintiff. "

Also, judges do rise to the claim for moral damages, which at first had not been responsive, and that is accredited" as a result of the product of a reprehensible act unlawful conduct by the defendant (persecution and abuse), so therefore correspond to set appropriate compensation. "

responsibility can not be excused, explained, because "it is obvious highlight the obvious prejudice that such corporate behavior occurred in the extra-field of the plaintiff, to seriously affect their dignity, as evidenced by work reported by the Sanitarium the Trinity, since it appears from that answer had to go to the hospital to be affected by an anxiety disorder. "

"Grievances that affect the integrity, honor and dignity of workers left without repair only because the judge does not consider it fair or appropriate," they conclude.

http://www.diariojudicial.com/contenidos/2010/12/31/noticia_0010.html