CIVIL AND COMMERCIAL PROCESS Law 27500 Modification.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
Article 1- Replace the section “Recursos de cassation, de inconstitutioncionalidad y de revision” corresponding to that of section 8a of chapter IV, title IV of the first book of the Code of Civil and Commercial Procedure of the Nation by the following: “Section 8a - Recurso de inaplicabilidad de la ley”.
Art. 2°- Replace articles 288 to 301 for section 8a of chapter IV, title IV of the first book of the Civil and Commercial Procedure Code of the Nation and its rubrics, with the following:
Article 288: The remedy of inapplicability of the law shall be admissible only against the final judgment that contradicts the doctrine established by one of the chambers in the ten (10) years prior to the date of the judgement in question, and provided that the precedent has been invoked prior to its pronouncement.
If it is a federal chamber, which is made up of more than one (1) room, the remedy will be admissible when the contradiction exists between sentences handed down by the chambers that are the proper elevation of the federal civil courts or the federal administrative courts.
Concept of final judgement and issues excluded
Article 289: It shall be understood by a final judgment that shall terminate the plethora or make its continuation impossible.
This remedy shall not be admissible when another trial on the same object may be followed, or it is a matter of fee or disciplinary sanctions.
Article 290: The possessors shall not be obliged to appeal. To deduce it, they won't need special power.
Article 291: The aggregation of documents shall not be permitted, nor shall any evidence or denunciation be made of new facts, nor shall the members of the court be challenged with or without cause.
Article 292: The appeal shall be filed within ten (10) days of notice of the final judgment, before the chamber which pronounced it.
In the letter deducting it, the existence of the contradiction in precise terms shall be mentioned the writing in which the case law was invoked and the basis which, in the opinion of the party, demonstrate the origin of the remedy shall be expressed. Failure to comply with these requirements will determine its inadmissibility.
The request shall be transferred to the other party for the period of ten (10) days.
Declaration on admissibility
Article 293: Responding to the transfer referred to in article 292 or, if any, to the end of the period to do so, the president of the court to which the appeal has been filed shall refer the file to the president of which he is following in the order of the shift; it shall determine whether the requirements of admissibility are met, whether there is a contradiction and whether the allegations concerning the proceeding of the appeal are sufficiently substantiated.
If it deems it inadmissible or insufficient, it shall return the file to the court of origin; if it deems it admissible, it shall grant the remedy in suspensive effect and forward the proceedings to the president of the court.
In both cases, the resolution is irrecurrible.
Drafting of the questionnaire
Article 294: Received the file, the president of the court shall issue the order of an order, and the order shall determine the matter to be resolved; if it be several, they shall be formulated separately and, in all cases, in such a way as to permit an answer by themselves or by no means.
Issues to be decided
Article 295: The President shall simultaneously issue copies of the memorial and its reply to each of the members of the court, if any, and one (1) fold containing the or the matters to be decided, requiring him to make an objection within ten (10) days or, if any, to the extent that they have been drafted.
Mandatory identification of issues
Article 296: The time limit referred to in article 295, the President shall maintain the issues or, if he deems appropriate, shall modify them in accordance with the suggestions made to him. Your decision is mandatory.
Most of it. Minority
Article 297: Definitely fixed the issues, the President shall call for an agreement, within forty (40) days, to determine whether there is unanimity of views or, if any, how the majority and the minority will be constituted.
Joint vote. Expansion of foundations
Article 298: The majority and the minority shall express in a joint and impersonal vote and within the period of fifty (50) days the corresponding foundation. Chamber judges who consider it appropriate to extend the foundations, may do so within the common time of ten (10) days, computed from the expiry of the previous period.
Article 299: The decision shall be taken by the vote of the majority of the judges who make up the chamber. In case of a tie the president will decide.
Legal doctrine. Effects
Article 300: The judgement shall establish the applicable legal doctrine. When the judgement that prompted the appeal was terminated, the proceedings shall be transferred to the court which is drawn for a new sentence, in accordance with the established plenary doctrine.
Suspension of pronouncements
Article 301: Declared the admissibility of the appeal in accordance with article 293, the President shall notify the Chambers to suspend the final ruling in cases where the same questions of law are discussed; the time limit for sentencing shall be resumed when the judgement is over. If the majority of chamber chambers have established a congruent doctrine on the subject matter of law of the plenary, the pronouncement shall not be suspended and the judgement shall be issued in accordance with that doctrine.
The members of the court may leave their personal opinion safe.
Art. 3°- Incorporate into section 8a of chapter IV, title IV of the first book of the Code of Civil and Commercial Procedure of the Nation, the following articles, with their corresponding rubrics:
Call to the plenary court
Article 302: At the initiative of any of its chambers, the chamber may meet in plenary court with the aim of unifying jurisprudence and avoiding contradictory judgements.
The call will be admitted if there is an absolute majority of the judges of the chamber.
The determination of issues, timelines, form of voting and effects shall be governed by articles 294 to 299 and 301.
Obligatority of plenary decisions
Article 303: The interpretation of the law established in a plenary judgment shall be compulsory for the same chamber and for the judges of first instance in respect of which the court of law is lifted, without prejudice to the fact that the judges leave their personal opinion safe. Such doctrine may be amended only through a new plenary judgment.
Art. 4°- Default of Act 26.853, except article 13.
Art. 5°- Refer to article 32, paragraphs 2, 3 and 4, of Decree-Law 1.285/58, ratified by law 14.467, and their respective amendments.
Art. 6°- The plenary judgements handed down by the federal appeals chambers or the national appeal chambers during the period of law 26,853 shall retain their obligation under article 303 of the Civil and Commercial Procedure Code of the Nation.
Art. 7°- This law shall enter into force on the day of its official publication.
Art. 8°- Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIECINUEVE DAYS OF THE TWENTY DAY TWO MIL DIEOCHO.
MARTA G. MICHETTI - EMILIO MONZO - Eugenio Inchausti - Juan P. Tunessi
e. 10/01/2019 N° 1609/19 v. 10/01/2019