"(...) the case of joint debtors interruptive actions made against the account holder (see these effects performances titled "Banco de la Provincia de Buenos Aires c / Nisinmann Hnos SRL s / executive" in this act shall have the light) are effective against the surety (Arg arts. 713 and Code 3994. Civ). "
" In this context, and considering that the period in question must be computed from the bank rejected for being post-dated checks (Arg Article 61 Law 24 452), the proposed defense can not succeed since the lawsuit filed against the company dated 30.10.1998 (see fs. 21 of the cars mentioned above) broke the aforementioned count (Arg Code Section 3986. Civ ) and the date of promotion of this demand (see fs. 32) the term of one year referred to in the said Code Section 3986. Civ had not expired. "
"(...) that rule provides that the statute of limitations is suspended only once and have effect for one (1) year or the shortest term that may correspond to the statute of limitations, ergo in these proceedings has not operated the limitation of actions arising from the checks secured by the document copied to fs. 21/22. "
" Banco de la Provincia de Buenos Aires c / Urbas De Nisinmn Naomi and other s / executive "- CNCOM - 10/09/2008
0 comments:
Post a Comment