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Civil And Commercial Procedural Code Extraordinary Remedy By Leap Of Instance - Full Text Of The Norm

Original Language Title: CODIGO PROCESAL CIVIL Y COMERCIAL RECURSO EXTRAORDINARIO POR SALTO DE INSTANCIA - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CIVIL AND COMMERCIAL PROCESS

Law 26.790

Extraordinary appeal by leap of Instance. Incorporate articles 257 bis and 257 ter.

Sanctioned: November 14 of 2012

Enacted: November 30, 2012

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 — Incorporate as articles 257 bis and 257 ter of law 17.454 (Code Civil and Commercial Procedure of the Nation) the following:

EXTRAORDINARY RESOURCES FOR INSTANCIAL SALE

Article 257 bis: Extraordinary appeal shall be lodged before the Supreme Court in cases involving matters of notorious institutional gravity, the final and expeditious resolution of which is necessary, and that the remedy is the only effective remedy for the protection of the federal law committed, in order to avoid prejudices of impossible or insufficient further redress.

There will be institutional seriousness in those matters which are considered to exceed the interest of the parties in the case, projecting on the general or public, in such a way that the basic institutions of the republican system of government or the principles and guarantees enshrined in the National Constitution and the International Treaties for it are compromised.

The Court shall enable the court with restricted and exceptional scopes.

Only the final judgements of first instance, the resolutions comparable to them in their effects and those issued as precautionary measures, will be subject to extraordinary appeal.

No appeal shall be made in criminal cases.

FORMA, PLAZO, TRAMITE AND EFFECTS

Article 257 ter: Extraordinary motion shall be filed directly with the Supreme Court through well-founded and autonomous writing within ten (10) days of notifying the contested resolution.

The Supreme Court may reject the appeal without further action if the requirements for its origin are not observed prima facie, in which case the case will continue in accordance with its status and the appropriate procedure.

The decision by which the High Court declares the admissibility of the appeal shall have suspensive effect on the appeal.

From the submission, the parties concerned shall be transferred for the period of five (5) days, notifying them personally or by the certificate.

Once the transfer or the deadline for doing so is answered, the Supreme Court shall decide on the proceeding of the appeal.

If it deems it necessary to provide better, it may require the Tribunal against whose resolution has been deducted, to refer the case in an urgent manner.

ARTICLE 2° — This law shall enter into force on the day of its publication in the Official Gazette.

ARTICLE 3° — Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO CATORCE DIAS DEL MES DE NOVIEMBRE DEL YEAR DOS MIL DOCE.

— REGISTRATION BAJO #26,790 —

BEATRIZ ROJKES from ALPEROVICH. - JULIAN A. DOMINGUEZ. — Juan H. Estrada. - Gervasio Bozzano.