CONVENTION
Decree 256/1990
Approved an agreement that resolves the Dominican ownership of the predio called Parque Tres de Febrero.
Bs. As., 2/2/90
Seen Expediente No. 9396/88 of the Register of the Municipality of the City of Buenos Aires and No. 200.491/89 of the Registry of the Ministry of Economics and
CONSIDERING:
That by such actions he deals with the difference between the NATIONAL STATE and the MUNICIPALITY OF THE CITY OF BUENOS In respect of the domain conditions of the so-called "PARQUE TRES de FEBRERO" of this Capital.
That both parties, invoking historical reasons and old-age rules, claim to be holders of the domain of the said predium.
That such properties are currently partially occupied by the NATIONAL STATE, the MUNICIPALITY OF THE CIUDAD OF GOOD AIRES and various private sports entities.
That the PROCURATION OF THE NATIONAL THIRD has taken action in these proceedings, concluding that the NATIONAL EXECUTIVE PODER is empowered to resolve the dispute previously referred to.
That in order to maintain its criterion, it is a firm case law of the Supreme Court of Justice of the NATION.
It thus states that "in accordance with the jurisprudence of this Court the differences between state entities dependent on a single hierarchical superior may be excluded from a judicial decision (confr. Judgements 180; 58; 242; 489; 248; 189 among others)" and if the deferendum continued after the report of the special commission whose constitution is underway, it must be resolved by His Excellency the President of the Nation.
That according to Judgements 114; 161 "whoever the institutional regime prevailing in respect of the Municipality of Capital, it is not doubtful that the one who is subject to the exclusive legislation of the Congress and to the immediate authority of the President of the Nation, in the terms of articles 67, paragraph 27, and 86, paragraph 3) of the National Constitution.
That concludes the high advisory body that "the doctrine of the SUPREME COURT of NATION JUSTICE that is recorded in Judges 259; 432 is not opposed to that supported by the PROCURATION OF THE THIRD OF NATION in the sense that, when an inter-administrative conflict cannot be resolved by virtue of Article 56 of Law No. 16,432 and Article 1 of Decree-Law
That for the reasons and grounds laid down by the NATIONAL EXECUTIVE PODER is entitled to the dictation of this measure under the provisions of Act No. 19,983 and article 86, paragraphs 1 and 3, of the National Constitution.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION,
RIGHT:
Article 1 - Appropriate the agreement that resolves the difference between the NATIONAL ARGENTINO STATE and the MUNICIPALITY OF THE CIUDAD OF BUENOS AIRES regarding the Dominican ownership of the predio located in the City of Buenos Aires called PARQUE TRES DE FEBRERO, with the attribution of ownership of the different premises that make up the mentioned park according to the graphed part and reference of the present agreement.
Art. 2° — Contact, post, give to the National Directorate of the Official Register and archvese. — MENEM.— Antonio E. Gonzalez. - Julio L. Mera Figueroa.
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NOTE: This Decree is published without an Annex.