Third-Party Military Claims-Rights

Original Language Title: INDEMNIZACIONES FABRICA MILITAR RIO TERCERO - DERECHOS

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image start infoleg site The Ministry of Justice and Human Rights
COMPENSATION

Act 27179

Rio Tercero Military Factory. Rights.

Sanctioned: September 16, 2015

Enacted: October 05, 2015

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

ARTICLE 1- They shall be entitled to receive compensation for themselves, or through their heirs, where appropriate, persons who, at the date of entry into force of this law, have been found to have been judicially claiming the damages caused by the Events occurred on 3 and 24 November 1995 at the Rio Tercero Military Factory, the Directorate General of Military Fabrications, a decentralized agency, in the field of the Ministry of Defense, located in the town of Rio Third, province of Córdoba.

ARTICLE 2- The courts involved in the aforementioned causes shall certify the validity of the same, their procedural status, the damages claimed, article of this law that is applicable to the impetrified claim, as well as the amounts to be deducted under This is the subject of Article 9 of this Regulation. The certificate, together with the application for the benefit, shall be submitted within one hundred and eighty (180) days of the date of entry into force of the regulation of the present, under warning of expiration, before the body determining the regulations, which will be dealt with in accordance with the terms of Law 25.344. During the period referred to above, judicial proceedings shall be suspended, except in cases where the actors are present in the file, renouncing the benefits of this law, which must be notified in a manner that is authentic to the national State.

( Note Infoleg : by art. 1 ° of the Resolution No 601/2019 of the Ministry of Defense B.O. 13/05/2019 the period provided for in this article is extended, by the term of ONE HUNDRED AND EIGHTY (180) days, the one that will begin to run from the expiration of the period originally established by the aforementioned law)

ARTICLE 3 -the heirs of persons who have died as a result of the facts described in Article 1 of this Article shall be entitled to receive a replacement allowance for the value of life, equivalent to the monthly remuneration of the staff Level 0, of the scale for the civil personnel of the national public administration, approved by decree 2,098 of 3 December 2008 and its modifications, multiplied by the coefficient one hundred (100).

ARTICLE 4 °- The compensation for persons who have suffered serious injuries in the same circumstances, according to the qualification laid down in the Criminal Code, shall be equivalent to the sum provided for in Article 3, reduced by 30%. (30%).

ARTICLE 5- Compensation for persons who in the same circumstances have suffered serious injuries, in accordance with the qualification laid down in the Criminal Code, shall be equivalent to the sum provided for in Article 3, reduced by 40%. (40%).

ARTICLE 6 -the compensation corresponding to persons who have sued the national State solely for the purpose of repairing moral damage and/or psychological damage as a result of the facts described in Article 1 of this Regulation, shall be equivalent to the sum provided for in Article 3, reduced by ninety-six per cent (96%).

ARTICLE 7- The compensation corresponding to those persons who have sued the State for the repair of material damage and/or venal devaluation of the building and/or emergent damage and/or refusal of recognition of application of Article 12 Decree 691 of 8 November 1995, suffered as a result of the facts described in Article 1 of this Regulation, shall reach a maximum amount equivalent to that provided for in Article 3, reduced by ninety-seven per cent (97%).

ARTICLE 8- Those who seek to benefit from this law must desist from any action and right that assists them in the respective legal proceedings and will not be able to take any future legal action for damages against the State. national for the same fact.

ARTICLE 9- In the cases provided for in Articles 3, 4, 5, 6 and 7, in which compensation for damages has been awarded by judicial decision or the benefit provided for in decrees 6 9 1/95, 992/95 and 158/97 has been granted, the amounts already If they are updated in accordance with the rules laid down by the rules, they shall be deducted from the total amount corresponding to the beneficiaries or heirs, in accordance with the provisions of this standard. If the judicial or administrative perception has been equal to or greater than that resulting from the application of this law, they shall not be entitled to the pecuniary reparation here established or shall bind the beneficiary to any refund.

ARTICLE 10.- In the compensation amounts indicated in the articles 3 °, 4 °, 5 °, 6 ° and 7 ° is contemplated the repair by value life, moral damage, psychic and physical damage, loss of profit, aesthetic damage and any other present or future concept that could be derive from each of the respective circumstances of damage suffered.

ARTICLE 11- The compensation provided for in this law is of the benefit of the person concerned; in the event of his death the compensation must be distributed in accordance with the provisions of Articles 3,545, 3,570 and concordant of the Civil Code and, where appropriate, those who prove that they have lived together with the survivor for at least two (2) years prior to the death of the deceased.

It shall be presumed, unless proof to the contrary, that there was coexistence when their offspring was recognized by the deceased, or the filiation of the descendant would have been established judicially.

The survivor shall be in the proportion which has been paid to the spouse. If there is a spouse's concurrence and if he has tried to live together for at least two (2) years immediately prior to the disappearance or death, the party corresponding to the spouse shall be distributed between the two parties. equals.

ARTICLE 12.- The allowances provided for in this Law shall be exempt from charges.

ARTICLE 13.- The payment of the compensation to the beneficiaries or their heirs shall be made by the delivery of consolidation bonds or pre-viewing debt consolidation bonds in accordance with the rules governing the consolidation of the national state's debts and the shall release from the responsibility recognised by the facts which give rise to this law. Those who have received compensation in legal form will be subrogating to the national state if other causes with equal or better entitlement are applied later.

ARTICLE 14.- The national executive branch, or to whom it delegates, shall be empowered to establish the necessary budgetary reallocation in order to meet the costs of compliance with this law.

ARTICLE 15.- The implementing authority of this law shall be determined in its rules.

ARTICLE 16.- The national executive branch shall regulate this law within sixty (60) days from its publication.

ARTICLE 17.- Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE SIXTEEN DAYS OF THE MONTH OF SEPTEMBER OF THE YEAR TWO THOUSAND FIFTEEN.

-REGISTERED UNDER NO 27179-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.