Comfort Letter After Funeral

Area : Recovery of Expert Fees

FEES. Regulatory basis. Inclusion of interest .-

There is no reason to discriminate between

principal and interest for the purposes of calculating regulatory Art. 19, 21,839

the law because the law sets no such distinction and

not true that interest constitute a contingency

essentially variable and unrelated to the professional activity,

acceptance or rejection as a clear benefit translates

cost to the seller.

Also worth noting that the position was also reviewed

taken for a short time by the Supreme Court itself

(Bug 293: 239) and was subsequently followed by a number of dissenting votes

among which worth mentioning vote

Judge Lorenzetti at Fault 328:1730

where qe said "The work developed

professional

is no stranger to the items making up

without that conviction because the sentence does not exist." The professional

contribute labor to enter the client's assets

a particular economic good (amounts

the interests of credit), loss of profits, the moral,

damages, etc.) "so there is no reason to discriminate

either in Regarding the regulatory basis

.- (Summary No. 18,199 of the database of the Department of Jurisprudence

the Civil ) .-

Ponce Díaz de Vivar.

R.

511460

CURI, Carlos c / Beraza, Joseph s / DAMAGES. 08/14/1908

National Chamber of Civil Appeals.

M. Hall

To regulate fees

professionals involved in the process, the interest must integrate

regulatory basis.

(Summary No. 18650 of the database of the Department of Jurisprudence

Civil Chamber).

CALATAYUD, DUPUIS, CLUSTER.

FRESCOTTI E508715, Gisela Luciana c / NIGLIA, Esteban Felipe s /

DAMAGES AND LOSSES. 05/06/2008

National Chamber of Civil Appeals.

E. Hall

Del majority vote (Drs. Pérez Pardo and Liberman):

Whether a claim is accepted or rejected, interest

not constitute a contingency variable and outside

professional activity, because its acceptance or refusal results in a

clear economic benefit, so it must be included in the computation

regulatory base fees.

especially considering that 21,839 law does not determine anything about

therefore can not be interpreted

excluded from the regulatory base. Dissent

Dr. Galmarini:

In the case of rejection of the claim must be addressed to the sum claimed

it, but does not include interest on the regulatory basis

.

(Summary No. 18990 of the database of the Department of Jurisprudence

Civil Chamber).

PEREZ PARDO, LIBERMAN, Galmarini (dissenting).

L066223

Vizioli, Norberto et al v. CONSTRUCTION OF ALBA SA and other s /

FEE MONIES. 06/03/1909

Court of Appeals in civil cases.

L. Sala

The regulatory basis of the fees should include capital and interest

since the art. 19 of Law 21,839 establishes

that integrates the amount resulting from the decision or transaction

art. 63 refers to the Code of

under extra

. So according to what is stated in

art. 163 inc. 6 ° and 165 of that code the sentence contains both

the capital and interest, both of which should be considered when setting

fees.

(Abstract No. 19234 of the database of the Department of Jurisprudence

Civil Chamber).

DUPUIS, CLUSTER, CALATAYUD.

E535560

LAZZARICH, Roberto Hugo c / GAS STATE s / DAMAGES. 08/05/1909

Court of Appeals in civil cases.

E. Hall