JUDGEMENT APPEAL AND REVOCATION REVOCATION APPEAL AND REVOCATION REMEDY OF APPEAL AND REVOCATION REVOCATION IN GRANT
Honor:
.........................., lawyer, accredited representation in cars styled "...................................... ...", Expte. ........, To VS presents and respectfully said:
I-OBJECT:
As such representation, and following the express instructions of my agent, I come to bring this formal application for review with the aim of requesting OTHERWISE REVOKED BY EMPIRE, the decision-making N º........., ......................, date dictated by the Judge of First Instance in Civil and Commercial .... Nomination, Dr. ........................., through which resolved:
......... .................................................. ..................................................
.....................................-
realize the request referred to by this appeal for reversal, since it is "... right way to attack a judicial decision not substantiated, of course, as provided by art. CPC 344 "(Conf. Peyrano Jorge Walter," Civil Litigation Strategy ", p. 109, Culzoni Rubinzal Ed, Santa Fe, 1982) .-
Proceeding the same, both by the characteristics of the decision under attack - passed without substantiation required - such as for having brought a party in good standing ad- causam (Conf. "Adolfo E. Alvarado Velloso," peremptory Replacement, "Rev. of Studies on Procedural, Director: Adolfo E. Alvarado Velloso, No. 1, p. 12 to 19, Graphic Arts Ed School Salesian School San José, Rosario, 1969) .-
Article 24 inc. c) of the Tariff Act No. 6767, expressly provides for this possibility also recursive .-
and additionally, leave filed joint appeals and nullity. This
based on the considerations that follow are a
.-
II-clarification:
In advance, the development of this, it is stating that while we are facing a process full of null events (no procedure), we are obliged - within the context of procedural law Santafesina - to deduct this administrative appeal .-
This is so because "... no resolution passed after a valid procedure, or a valid order issued after a null procedure also can be attacked by way of appeal for reversal, if it is issued without prior conduct .-
is more: The appeal must be essential for the process or the resolution does not prove consent, in order to leave clear - timely motion to vacate road which to proceed only in the cases referred to in art. 361 of the Code. Proc. requires a second hearing "(Conf. Adolfo Alvarado A. Velloso, op. cit. p. 18) .-
III- ACTIONS .............
..........................-
VS is the case that by the end of the year ......., Messrs. .................................................. ........................ .................................................. ............, give special power to ................ ................................. together .-
The said Special Branch, and given his specialty, was given alone and with the sole purpose of which "... initiate and / or continue to its final completion, view of heirs of .........................". (Special Power Conf fs added. .... This) .-
This was true - only declaratory of heirs - as the economic situation of the successors, made them impossible to deal in a relatively short time, the declaration of heirs and probate itself .-
addition, other matters of a personal nature - ultimately confirmed - also made it advisable that determination .-
Well, ultimately and in any case, it was the will of conference held only the declaration of heirship with professionals in law, and acting these together .-
Everything went normally until the said declaration of heirship, delivered in time ..............
............-
With such a declaration made, obviously, there was nothing more to do, the professional work for which they had seized, leaving well before the forecast cessation of office rules - art. 1960 Civil Code - which literally reads:
"Cease the mandate for the implementation of the business, and by the end ..."
But this was not true .... What happened then?
As the cars were not, my current client instructed the undersigned to appear to be a law, and suspend the procedural terms, a situation that is implemented and perfected on the day .............
...- Day .............. this year, my current conference, get real home in a card informing him - no forms required by art. 24 Law 6767 - the regulation of fees
With .....................................-
the urgency of the case, my client, competing for the study of signed, thinking this was the result of a mistake, but makes little ... days - suspended by terms - see that was true, the regulation of fees was ... SS
again wonder what happened? Surprised
warn that fs. ... of these proceedings, counsel ........ ....... accompanied by a written titled
"REPORT REAL ESTATE PROMOTES"
Adding in the first point:
"jeopardizing the current car, I come to promote probate Don .......................... ......, make allegations of goods ... "(Conf. fs. 3 of this) .-
Now, following the art.
30 and 31
the Civil and Commercial Code of the Province of Santa Fe, it is questionable:
Was able to do so? The negative answer is unquestionably imposes .-
"acted as a sponsor?
not!
Was successor
........................... ? We think not, in the declaration, is not included .-
So how did it?
simply do not know ....
-
And, surprise continues as we glance through the record:
- a fs. .... expands the reporting of assets .-
- a fs. ..... requested attorneys' fees .-
- a fs. .... . which accompanies the card notifies me .-
IV-SOME TECHNICAL DETAILS INFORMATION:
Without
been discussed, if the professional services rendered by an attorney, responded to the legal nature of the mandate, the location of services, location of work, or a contract sui generis (Conf. Guillermo A. Borda, Treatise of Civil Argentino, Contracts , Perrot, Buenos Aires 1969, T II, \u200b\u200bp. 50, 51 and 52), we can agree, certainly, that we are faced with a contract
.- A contract, which in our case was not held, and which gives one party (trustee, lessee, etc.), to counsel, the legal capacity to act in a case .-
And this is crucial for our pose, and that only "has legal capacity to act in a case legal or voluntary representative, attesting to the representation properly invoked, and the litigant can do it, invoking substantial standing active or passive "(Conf. Ramiro J. Podetti," II Procedure Acts Treaty "Ediar, Bs Aires 1955, p. 17) .- The special
, we have a special power exhausted of its purpose or business for which it was granted, and then by the president in an abuse of the powers conferred. -
understands
So Borda, Guillermo, "Contracts" Edit. Perrot, T II pag. 421:
"special mandate should be interpreted restrictively, SE LIMITA A LOS ACTOS PARA LOS CUALES HA SIDO DADO Y NO PUEDE EXTENDERSE A OTROS ANÁLOGOS AUNQUE ESTOS PUDIERAN CONSIDERARSE COMO CONSECUENCIA NATURAL DE LOS QUE EL MANDANTE HA ENCARGADO HACER”. ( AR. 1884).
V- NULIDAD DE LO ACTUADO HASTA EL PRESENTE, REVOCATORIA POR CONTRARIO IMPERIO DE LOS HONORARIOS REGULADOS A .........................-
Tal como lo adelantáramos supra, nos encontramos con una serie de actos nulos, por vicios insanables en uno los presupuestos de estos actos, el sujeto.-
De lo expuesto en el punto anterior, ninguna duda nos puede caber que los actos realizados, durante el juicio sucesorio propiamente dicho, fueron made by a person without personality, and in turn without any legal standing to initiate, develop and finalize the probate proceeding. It's easy
associate, in which the subject intervening in legal proceedings that preceded and prompted the contested regulation, it was a subject without personality, and the act is void.
Consequently, such acts can never generate invalid act valid, and therefore we ask is revoked by a contrary rule governing fee resolution to ................. That
..-
other hand, my client has given power to ..............., a personal capacity and as it looks in the attempt to add in the file The seizure was indicated as a condition of their effectiveness in joint action with Dr. ............................. As this is another element to take into account in the decision making of this drawing .-
VI-REQUEST:
the foregoing to apply VS:
1) It has the filed in a timely manner legal remedy of rescission, with a joint appeal and in grant annulment against the decision of ..........., No date ....., ....... ............., issued by the Judge of First Instance in Civil and Commercial .... Nomination, Dr. ......................................-
2) Make room for this resource, therefore, rescission of the regulation of fees made to Dr. ......................, declaring void the proceeding. Additionally, on the granting of the joint appeal and nullification. Pay the costs to the contrary.
3) Given that the rejection of the claim made by this could mean the violation of property rights of my client (art. 17
CN.) As well as due process and equality before the law, let from and introduced the constitutional issue, to take place promptly, through the extraordinary remedy of unconstitutionality, to the Supreme Court of the Nation and the Province, including the grounds of arbitrariness and institutional gravity .-
PROVIDE UNDER VS
BE FOR JUSTICE .-