Key Benefits:
Bs. As., 24/8/92
VISTO Partial Legal Observation No. 34/91, formulated by the TRIBUNAL OF NATIONAL ACCENTS to Decree No. 1459/91, approving the organizational structure of the SECRETARIAT for Science and Technology of the NATION PRESIDENCE, and
CONSIDERING:
That this observation is based on the fact that the "Miguel LILLO" Foundation, incorporated into the aforementioned Presidential Secretariat, originated in the mandate imposed by the researcher to give him his name, who, through a testament given on 11 September 1930, gave the NATIONAL UNIVERSITY OF TUCUMAN various properties of his property in order to form an institute attached to that house of high studies that would bear the name of perpetuman.
That the NATIONAL TRIBUNAL also based its decision that Dr. LILLO predicted the form of support and promotion of the institute, for which he lent the necessary funds under certain conditions.
That among these conditions is the creation of an advisory commission with the instruction to invest the capital in the form provided by the testator, prescribing that it would be composed of TEN (10) vital members and would aim to administer the legacy, adding the control body that by Decree No. 25.253/45, ratified by Law No. 12.935, the acceptance of the same was formalized.
That, as a corollary of these and other considerations of similar tenor, the taxing agency considers it necessary to remember that the reference legacy imposed an accessory charge or obligation on the legatary, adding that, within that context, the foundation must respond to the characteristics that the testator predicts for it and register in the scope of the current MINISTERIO DE CULTURA AND EDUCATION.
That, without disregarding the situation set forth by the Court, it should be concluded that sharing its approach would set out to disregard the powers vested by the Executive Power by virtue of Law No. 23.696, to reform the State with the extent necessary in order to achieve truly positive results, as can be the greatest efficiency and effectiveness in fulfilling its specific functions.
That, in the exercise of these powers, Decree No. 1459/91 was dictated by foreseeing the existence of the foundation "Miguel LILLO" within the SECRETARY of Science and Technology of the NATION PRESIDENCE.
That this decision was intended to unify the dependence of the Foundation, a research agency par excellence, with that of another institution of similar characteristics such as the NATIONAL COUNCIL of CIENTIFIC INVESTIGATIONS and TECHNICALS (CONICET).
That, acting both agencies in the sphere of the SECRETARIAT of Science and TECHNOLOGY, and regardless of the orbit in which the latter appears, results will be achieved that, far from being bound by the will of Dr. Miguel LILLO, will further endorse the object of the legacy, since the achievements will be, not to doubt, much more important.
It would be different if the executive branch intended to assign to the reference foundation a different purpose or contradict the will expressed by the testator.
That, therefore, it is considered necessary to insist on the integral fulfilment of the observed act.
That the present measure is in exercise of the powers conferred by article 87 of the Accounting Act.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 . Insist in the comprehensive implementation of Decree No. 1459/91, approving the organizational structure of the SECRETARIAT on Science and Technology of the NATION PRESIDENCE. Art. 2° . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.