EXECUTIVE TRIAL. Cheque. Late submission. Legal deadline provided for in Law 24,452. Effects. LOSS OF EXECUTIVE ACTION. Exception inability title. Hometown
"Tamberi SA c / Salas Hnos SRL s / executive" - \u200b\u200bCNCOM - 28/09/2010
"The check presented to the late filing fee or loses action Executive (Law 24,452, 38) but may not-yet-rehabilitated as enforceable by the method of preparation of the executive that the Procedure Code provides for other documents (Leo Gomez, "Blank" pages. 165 / 6, Ed Depalma , 1995, Buenos Aires). In this way, the check has no executive action that you agree to check the law. The Code of Procedure, especially in the inc. 5 of art. 523, states: "... check ... whenever it has enforceable in accordance with the provisions of the Commercial Code or special law." So that action or prescribed injured check, attentive to that particular reference can not be expected to include in other provisions of procedural law (Donato, Jorge, "Executive action" page. 512, Buenos Aires, 1989). "
"In the event, certificated notes that the collection was presented to the bank after the legal deadline corresponding point by which the check is unfit for execution in accordance with the provisions by Articles 25 and 38 in fine of law 24452. Under this background, a disability except recepcionar title relating to said opposite certificated. "
Quote: [elDial.com - AA6576] "In the event, certificated notes that the collection was presented to the bank after the legal deadline corresponding point by which the check is unfit for execution in accordance with the provisions by Articles 25 and 38 in
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