CIVIL AND COMMERCIAL PROCEDURAL CODE

Law 26,790

Extraordinary Resource for Instance Jump. Articles 257 a and 257 b. Sanctioned: November 14, 2012 Enacted In Fact: November 30, 2012

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

ARTICLE 1-Incorporate as Articles 257 bis and 257 ter of Law 17.454 (Civil and Commercial Code of the Nation) the following:

EXTRAORDINARY RESOURCE FOR INSTANCE JUMP

Article 257 a: The extraordinary appeal to the Supreme Court shall be made without the fact that the higher court has been raised, in the cases of federal jurisdiction in which it is established that it is a matter of serious institutional gravity, definitive and expeditious solution is necessary, and that the remedy constitutes the only effective remedy for the protection of the committed federal right, in order to avoid prejudice of impossible or insufficient subsequent repair. There will be institutional gravity in those matters which are subject to judgment that 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 by it incorporated. The Court will enable the instance with restricted scope and marked exceptionality. Only the final judgments of the first instance, the decisions comparable to them in their effects and those given for precautionary measures shall be subject to the extraordinary appeal. The action shall not be taken on grounds of criminal matters.

FORM, DEADLINE, PROCEDURE AND EFFECTS

Article 257 ter: The extraordinary recourse for instance jump must be brought directly before the Supreme Court by way of a well-founded and autonomous document, within ten (10) days of the contested decision. The Supreme Court may reject the appeal without further processing if the requirements for its origin are not observed prima facie, in which case it will continue the cause according to its state and the corresponding procedure.

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The order in which the High Court declares the admissibility of the appeal shall have suspensory effect in respect of the judgment under appeal. The submission shall be made to the parties concerned for five (5) days by notifying them personally or by means of a transfer. The Supreme Court will decide on the origin of the appeal. If it considers it necessary to provide better, it may require the Court against whose decision the case has been deducted, the referral of the file as a matter of urgency.

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

ARTICLE 3 °-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE FOURTEEN DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND TWELVE.

-REGISTERED UNDER NO 26,790-

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

Date of publication: 04/12/2012

https://www.boletinoficial.gob.ar/pdf/linkQR/M3gxZGorYkh0VEJycmZ0RFhoUThyQT09

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