* comprehensive legal assistance of excellence in the workplace,
civil, commercial, criminal, misdemeanor, pension and tax.
* Layoffs. Accidents and traffic. Divorce. Succession.
* Mediations.
* labor consultant for attorneys.
* Over 25 years experience.
* Labor Law courses.
Director: Dr. Charles B.
Lifchitz
Lawyer. Empowered by the Ombudsman
Ministry of Justice, Security and Human Rights Office.
Author of the book "Litigation of Labor."
President and Founder of the Lawyers Association of Mediators.
e-mail: carloslif@yahoo.com.ar
This website contains:
* Information on Employment Law courses.
* Information Paper on Labour Litigation Dr. Carlos B.
Lifchitz.
* The views and analysis of Dr. Charles B. Lifchitz on different judgments.
* Court on various issues.
_______________________________________________________
INFORMATION LABOR LAW COURSES.
Objectives:
Train the students in the initiation, processing and reconciliation of records in the Labour Courts and the resolution of labor disputes by providing tools, strategies, techniques and knowledge related to the topic.
Methodology:
teaching method is used participatory.
The courses are practical and interactive, are taught in a workshop, leading students to creativity and reflection, developing with them the concepts.
COURSE OF LABOR LAW
Program:
Module I: Characteristics
Process of Law and Education. Fundamental rights of workers and employers. Analysis of Extrajudicial. Determination of the individual or legal person of the defendant. Exchange of telegrams and letters documents.
Module II:
proceedings before the Obligatory Labor Service Concilación the Ministry of Labour and Social Security.
Module III: Elements
claim and defense: the facts, law and evidence.
Module IV: Training
image of the party. Members of the Tribunal. Functions. Judicial conciliation.
Module V: Theoretical Consideration
practice of confessional evidence, testimonial, expert and informative. Hearings.
Module VI:
Hearings. Examination of witnesses. Positions to the contrary. Allegations.
Module VII: Theoretical Analysis and Practical
resources. Appellate law is inapplicable and extraordinary.
Module VIII: Complaint
appeal denied. Complaint special appeal denied. Implementation. However. Remate.
BIBLIOGRAPHY:
"Labour Procedural Law" Dr. Charles B.
Lifchitz. Editorial Ediciones del País.
WHERE ARE THE COURSES:
Dr. Carlos Lifchitz Study
City of Buenos Aires.
REPORTS AND REGISTRATION:
e-mail: carloslif@yahoo.com.ar
Teacher: Dr. Carlos B. _________________________________________________________
Lifchitz
RESUME DR. CHARLES B. Lifchitz
university education:
Lawyer and Attorney Securities issued by the Faculty of Law at the University of Buenos Aires (UBA)
Negotiating Graduate Course in the Faculty of Law Graduate Course
UBA Mediation of the Faculty of Law at the UBA. Labor Law Specialist
Over 25 years experience.
Activities:
1961-1999: Member of the Judiciary of the Nation, serving as an Officer in the Labour Law Courts of the Federal Capital.
2003 - 2006: Member of the Institute for Labour Law and Mediation of the Bar Association of the Federal Capital (CPACF).
Currently: Attorney
registered in the registration of the Bar Association of the Federal Capital. Attorney Mediator
authorized by the Ministry of Justice, Security and Human Rights Office.
Publications: Books
:
Labour Procedural Law. Practical Manual updated. Ediciones Del Pais. 2007.
Articles in Magazines and Journals:
"Procedure for Practical Education." Be Present Law Review, Nro.25, page 17 August 2000.
"The return of savings is essential to build a country seriously, and rebuild international confidence," The Journal Shareholder, November 26, 2003, Nro.15561, pag. 1.
"The return of savings," The Journal Shareholder, April 29, 2004, Nro.15666, p.1.
Coordinated conferences and workshops given:
November 1995: Speaker at the Conference "Practical Work Procedure at the Faculty Law of the UBA.
June 5, 2000: Speaker at the Conference "Labour Procedural Law" in the auditorium of the Faculty of Law at the UBA
September 4, 2000: Speaker at the Conference: "Practical Work Procedure" in the Auditorium Hall Faculty of Law of the UBA.
June 30, 2004: Coordinator of the Workshop on Labour Procedure Update "held in the Bar Association of Federal Capital (CPACF).
July 2, 2004: Coordinator of Workshop 12 of the "VI National Conference on Mediation" Disseminate and promote mediation and facilitate the exchange of experiences, organized by the CPACF.
14 Diciembre de 2006: Coordinador del Taller “Procedimiento Laboral” realizado en el CPACF..
28 de setiembre de 2010. Expositor en el Taller para Graduados: “Aspectos Prácticos del Procedimiento Laboral”, en el Salón Verde de la Facultad de Derecho UBA, organizado por el Centro de Graduados de la Facultad de Derecho de la UBA.
20 de mayo de 2011: Expositor en el Taller para Graduados: "Aspectos Prácticos del Proceso Laboral" realizado en el Salón Auditorium de la Facultad de Derecho UBA, organizado por el Centro de Graduados de la Facultad de Derecho de la UBA.
Cursos aprobados:
1988 Curso sobre: Sistemas de Administración de Juzgado Laborales
1999: Course on Advanced Techniques of Persuasion. Level 1, taught in the Faculty of Law and Social Sciences of Buenos Aires.
2000: Negotiation Course, taught in the Graduate Department of the Faculty of Law at the UBA.
2000: Workshop pedagogical: Be Teaching Module 1, given at the Center for Faculty Development, Faculty of Law at the UBA.
2000: Course: Advanced Techniques of Persuasion Level 2, given at the Faculty of Law and Social Sciences of the UBA.
2001: Teaching Workshop: Module 2 Being a teacher, taught at the Center for Educational Development, Faculty of Law and Social Sciences of the UBA.
2002: Course: Mediation, the Department issued Graduate of the Faculty of Law
UBA 2003: Practicum in Mediation Course, taught in the Graduate Department of the Faculty of Law at the UBA.
2004: Course: Difficult Conversations Level 2, issued by the School of Mediation CPACF.
2004: Course: The question as a tool. How and to ask, given by the Ministry of Justice of the Nation.
2005: Course: Neuro Program and its application in the Mediation Level I, given in the CPACF.
2005: Course: Negotiation based on the art of war Sun Izu, issued by the Ministry of Justice and Human Rights of the Nation.
2005: Course: The question tool essential for mediation, given in the CPACF.
2005: Course: Programming and its Application Neurolenguistica Mediation (Level II), issued in CPACF.
2006: Course: Case Open Workshop, given at the CPACF.
2006: Course: Communication and language for negotiators and mediators, issued by the Mediation Center, Training and Teaching CPACF.
2007: Course: Social Conflict Mediation complexes, given in the CPACF.
2008: Coaching Course and the Ontology of Language as a Tool of the Ombudsman, delivered in the CPACF
2009: Course: Contributions of Cognitive Theory to the Role of the Ombudsman, given at the Association of Lawyers of Buenos Aires.
2009: Course: Coaching and leadership, given at the Facultad Regional Buenos Aires National Technological University
2009: Course: Level II Coaching and Leadership, given at the Facultad Regional Buenos Aires National Technological University.
2009: Course: Applied Mediation. Review and Reflection on the Dynamics of Process, given at the Association of Lawyers of Buenos Aires,
2009: Course: Unconventional communication tool, given at the Association of Lawyers of Buenos Aires.
also participated in numerous conferences, symposiums, workshops, workshops, lectures, debates and seminars on psychology, Ontological Coaching, Mediation, Law, Justice, Information Technology, Negotiation, Conflict Resolution, Resilience, Education, Labor Law, Criminal, Civil and Commercial Law, Pedagogy, Jurisprudence and Communication.
Mail: carloslif@yahoo.com.ar
_________________________________________________________
INFORMATION LITIGATION ON THE BOOK OF THE WORK OF DR. CHARLES B. Lifchitz
The Labour Procedural Law Book is a practical manual that provides updated general guidelines updated the Labour Process. Provides
pleadings models for professional practice in the Jurisdiction Labour
providing:
to lawyers a tool for the exercise of his profession, students
facilitates their preparation for when receiving
exercise and provides them with legal experts to enable elements receive their fees.
writings Models:
Initiation of labor demand,
answer to the complaint,
Request notification under the responsibility of the plaintiff, accuses
rebellion Join
statement of positions, it disputes
testimonial, filling out job
Credits,
repeated requests automatically,
Case,
Appellate
Expression of grievances,
Answer memorial,
Appeal for Redress by appeal denied, Appeal of inapplicability dd
law
Special Appeal, Appeal for Redress
denial of an extraordinary appeal,
Calls Arrest, Calls
embargo. Perito
injunction sought payment of fees. Perito
seeks seizure.
Models:
official notice, trade,
statement and command positions.
also has the following legislation: Laws
18,345, 17,454
(Rules applicable to the Labour Process)
22,172,
24,635, 11,653
Labour Procedure in the Province of Buenos Aires, and Decree 1169/96
_____________________________________
OPINION AND ANALYSIS OF DR. CHARLES B. Lifchitz ON SEVERAL SENTENCES.
Analysis of the Supreme Court Judgement in Case "Kujarchuk."
By Dr. Carlos B. Lifchitz
Where the playpen when the shelter has made full restitution of the funds seized by the injunction, the obligation is deemed to have been entirely canceled. (Acc. failure CSJN, 08/28/2008, in re: Kujarchuk, Pablo Felipe c / PEN DTOs Law 25,561. 1570/01 and 214/02 s / amparo law 16,986.
Failure Analysis of the Supreme Court in If Massa. Pesification of deposits.
By Dr. Carlos B. Lifchitz
The ruling of the Supreme Court in the case Massa stipulate that savers are entitled to obtain from the bank the refund of the deposit made in pesos at the relations of $ 1.40 per U.S. dollar, adjusted by the CER until the time of actual payment, but the application on the amount of interest thus obtained the rate of 4% compounded annually should not be counted as payments against the amounts in connection with such deposit has paid the aforementioned entity along this lawsuit, as well as those that would have delivered to meet measures. Therefore
the ruling of the Supreme Court determined: 1 .- respecting the property rights of savers who recover in full the value of the capital deposited, 2nd. can not lead to withdrawals by depositors (see vote Dr. Fayt) 3o. both the CER adjustment of interest as the application must be made on the amount deposited to the time of actual payment, which is what is done after final sentencing by the character of res judicata, and then practice the final clearance. 4th. The sums of money delivered in trust in compliance with precautionary measures, "which lack freely available, are reckoned as payments on account and are deducted from the amount which gives the final clearance of the capital deposited in the relationship pesified of $ 1.40 per dollar, adjusted by the CER and the interests of 4%.
Thus depositors are assured of respect for their right to property and the recovery of their deposits to the current value. _________________________________
JURISPRUDENCE:
Summary:
1) Corralito: Perception total amount of precautionary measures. failure of the Supreme Court in the case Kujarchuk
2) Corralito: Consolidation of the amounts received by precautionary measures. failure of the Supreme Court in the case Bustos. Dr. Zaffaroni vote.
3) Corralito: Right to claim compensation later for damages. Partial deliveries are considered cash payments and can not result in refunds. SCJ Bugs: 329:5913, Case "Massa." Dr. Carlos Fayt vote.
4)) Mediation: Mediator Attorney's Fees. Mora. Lending rate. Unconstitutionality of art. 61 of Law 21,839. Implementation of the whole "Samuel Martinez, Ladislao c / Two Hundred Seventy Transport SA s / damages."
5) Mediation: Mediator attorney fees. Food trials. To fix the tariff applies analogously the art.25 of Law 21,839. (The alimony amount is 1 year)
6) Mediation: Mediator Lawyer Fees. 1465-1407 Implementation of the decree. The tariffs established by Decree 1465-1407 apply to mediations in which fees have not been fixed or perceived.
7) Mediation: Mediator Attorney Fees Attorney Mediador.El Prejudicial is entitled to full payment of their fees within 60 days of the mediation without judicial action has been initiated.
_____________________________________
1) Corralito: Perception total amount of precautionary measures. failure of the Supreme Court in the case Kujarchuk.
CSJN Autos: K. 90 XLIII "Kujarchuk, Pablo Felipe c / Penley 25,561 DTOs. 1570/01 and 214/02 s / amparo law 16,986."
"Buenos Aires, August 28, 2007 .... So much so that if it were, for example, a fixed-term deposit of ten thousand dollars, of which the bank had delivered four thousand (even if he had actually putting the weights equal to the amount of dollars at the exchange rates prevailing at the time) should be considered to be a down payment of forty percent of the debt. Therefore, in this case, the amount shall be paid determined according to the formula set to "Massa" that percentage, helping right the depositor to collect the remaining sixty percent in pesos and in accordance with the decision in that precedent. And in the same example, if you had been given ten thousand dollars (or its equivalent in pesos) should be noted that the obligation has been entirely canceled. ... Signed: Ricardo Luis Lorenzetti - ELENA I. Highton de Nolasco - CARLOS S. FAYT - E. Raúl Zaffaroni - CARMEN M. Argibay. "________________________________
2) Corralito: Consolidation of the amounts received by precautionary measures.
CSJN failure of 10/26/1905, in re: B. 139. XXXIX." Bustos, Alberto Roque and other c / EN and other s / under ... " Vote
Minister Dr. E. Raul Zaffaroni:
"... 14) That on the other hand, the decision reached may not be applicable to those cases of amounts received by the holder of the deposit or certificate in connection with interim measures ordered by the trial judges, being that such amounts in principle and as a rule must be considered as definitively consolidated under the relevant processes, without which the rest may entail no adverse consequences for subjects procedure in good faith that the perceived. E. Raúl Zaffaroni. " ____________________________________________________________________________
3) Corralito: Right to claim compensation for damages. Deliveries of funds are considered partial payments and can not result in refunds.
CSJN 329:5913 Failures of 27/12/2006, Case: "Massa" Vote
Dr. Carlos Fayt:
"... 20) ... does not mean that the unavailability of capital for an extended period had not occurred to savers damage of various kinds. But this is not the legal remedy to decide on it. One can only leave now established that this decision does not preclude that, had caused such damage, those who suffered can claim their compensation through a subsequent trial with such an objective. 21) That does not preclude to the previously noted the fact that the plaintiff has obtained a lawsuit over the delivery of money from the deposit on which these proceedings relate, and that such perceptions should be taken as advance payments and charged as such, thus can not result in refunds. 22) ... The reinstatement of the property may expand over time to cover the emergency, but necessarily must be returned to the owner, who is entitled to claim damages it has sustained ... the decision of the Court reinstated capital and does not prevent the holder via regular demands for damages it has sustained in its capacity as depositor. "
___________________________________________
4) Mediation: Mediator Attorney's Fees. Mora. Lending rate. Unconstitutionality of art. 61 of Law 21,839. Implementation of the whole "Samuel Martinez, Ladislao c / Two Hundred Seventy Transport SA s / damages."
Civil Court No. 78 car, "Casazza, Remo c / Carmona, Gabriel Eduardo s / eviction for nonpayment" 06/29/1910.
The National Court of First Instance in Civil No. 78 did result in a charge of unconstitutionality submitted in respect of Article 61 of Law 21,839, as the deposit rate established for the debts of fees. In the file titled "Casazza Remo c / Gabriel Carmona Eduardo s / eviction for nonpayment - quiet ", the actors raised the unconstitutionality of Article 61 of Law 21,839, as to the deposit rate that sets the standard, considering that this infringes their rights to fair compensation and property guaranteed by Articles 14 bis and 17 of the Constitution.
The National Court of First Instance in Civil No. 78, said that "while it may be noted that the interests are those of the" debt money "should be added that also bear further reinforced the" debts of value "-or so-called "Debts of money end" - because the effects of the cancellation becomes a liquid amount of money being that in this debt the interest is added cover damage suffered by the creditor when it receives immediately but after a certain period your credit value, "meaning that" in either case the attachment (interest) is to alleviate the effect that caused the creditor not being able to enjoy this money in a timely manner. "
In the last sentence of June 29, 2010, the judge ruled that "the increase of this implementation, should follow the guidelines in this regard arising from the plenary doctrine formulated in the case of" Samuel Martinez, Ladislao c / Transport Two hundred Seventy SA / Damages "and therefore determined that" will settled by the implementation of the overall portfolio lending rate (loans) nominal thirty days overdue Annual Bank of Argentina, which is calculated from the date of default, and until actual payment. "
When you place the charge of unconstitutionality, the judge concluded that "there is no basis for such parameter is also provided in cases of" debt money ", soon to also note that in both cases, a the effects of settling debts because it is a down payment of legal tender money, and it follows in a logical and rational analysis, there would be no merit in establishing differential patterns taking account of fixation of the fruit of capital (interest), as the case of one or another type of debt, since this could set an unequal treatment between different types of debtors and creditors of such obligations. "
Federal Court. Nat P. In Civil Inst Cap. Fed No. 78, "Casazza Remo c / Carmona Gabriel Eduardo s / eviction for nonpayment - quiet", 6/29/1910 ____________________________________________
5) Mediation: Mediator attorney fees. Food trials. To fix the tariff applies analogously the art.25 of Law 21,839. (The amount is alimony 1 year)
JNCiv 4. Expte.49546/2009, 22.09.2009, cars: "Bc / S. s / food."
CNACiv. Sala J, 8/11/2000, cars: "PAE c / CH, CB s / increase alimony" _____________________________________________
6) Mediation: Mediator attorney fees. 1465-1407 Implementation of the decree. The tariffs established by Decree 1465-1407 apply to mediations in which fees have not been fixed or perceived.
JNCom No. 14, Sec.27, Expte.N ° 102 955, cars, "Lifchitz Carlos Benito c / Legasol SRL s / executive" "Buenos Aires, August 12, 2009.
and Vista:
1. In fs presentation. 55/57, precludes the defendant Title disability except on the grounds that the debt originated fees to the mediator before the term of the Decree 1465/2007. Corrido
the relevant transfer, the plaintiff replied with the presentation of fs. 61/62.
2. It should be noted in this regard that as it emerges from the minutes of madiación added to fs. 2, the same was signed on 25 October 2007, and as acknowledged by the actor, just two days before the effective date of standard referenced above.
Notwithstanding this, when, as in the case, the reform that has occurred since Art. 21del dec. 91/98, 1465-1407 by decree applied the regulatory minimum predicted by the previous decree, a mediation conducted prior to the reform, but for which the stipends were fixed after it, in this case, the solution provided by art. 4 DEC. 1465-1407, not a retroactive effect, banned by the VCCI 3. It warns that the use of the new guidelines it is likely to affect in any manner, the conditions of validity and ongoing effects of acts already accomplished with their own legal value in the past, as a result of the application survivor the modification indicated (in the same direction CNCom., Room A, in re: "Banco Roberts SA c / Sommariva, Carlos s / Ord." of 09/10/2008). It
then regular mediator's fees under the terms of the new decree 1465-1407 establishing a more favorable tariff scale for the petitioner.
3. For the foregoing is solved:
a) Reject the exception articulated by the defendant.
b) The costs imposed by the order, given the particular circumstances of the species.
c) presents notified. SUSANA MI POLOTTO
JUDGE "
CNACiv, Sala L, Expte. No. 68,830 (111.835/06) - Federal Court. 110 - Autos: CNA Occupational Risks Insurance SA c / Torres, Anibal Martin and other s / interruption limitation (art. 3986 CC)
"Buenos Aires, October 30, 2008 .-
AUTOS AND SEEN:
A new study of the issue warrants changing the criteria interpretation until now held by the Chamber. Decree 1465/2007
substantially increased the amount of fees to be collected by official intermediaries (Article 4, which replaced the art. 21 of d. 91/98). The elevation responded to the fact that "since the enactment of Decree 91/98 the amount of tariffs and fees ... have remained unchanged and have become insufficient, which justifies the increase" (consid. 4 º).
This amendment does not expressly provide for the temporal scope. However, the Argentine tariff systems have provided for the immediate implementation pending lawsuits, other than the existence of resolution firm fixed fee (national 30.439/1944 Decree, art. 50, Law 12,997, art. 63, Law 21,839, art. 61, 8904 Buenos Aires Act, art. 120, Act 8226 of the province of Cordoba, art. 64, 5698 in San Luis Act, of 2004, art. 4, 5532 in Chaco-law 2005 -; art. 42, Law 12,851 and Decrees 237/08 and 1.393/08 of Santa Fe, among others). Hence, appropriate interpretation, even in the absence of express normación, the increase of fees of the mediators is immediately applicable to cases where there was strong determination.
In the case of onerous work of an attorney mediator, counsel has fulfilled its task but, because of the precise rules of the art (Art. 21, d. 91/98), absent agreement, if we encouraged new trial may claim the payment of whoever ordered to pay costs. That is why you should wait until the conclusion of the judicial process, which usually takes several years. It is said that once the work has added to its property right to the payment of fees, is the owner of the right to receive it. But the law differs in time (usually far too long) the effective incorporation of such consideration. And, not having arrears, not even a creditor of interest.
We found that the mediator has his job, his "property" intellectual, but not incorporate it "virtually" the fee property, An appropriation of nature food. On the other hand we see that the debtor has been met the expectation of professional work but has not diminished his assets, while not paying the task. Is this a "vested right" to cancel debt in the currency of less value if you have not paid?.
The answer is no: the guarantee of fair remuneration (Art. 14 bis, CN) is established to whom it does work, not who has to pay. While
art. 3 of the Civil Code, laws are not retroactive, but apply to the consequences of existing legal relationships or situations.
impassable limit the immediate application of the law relationships legal generated prior to its validity is the existence of a "legal consumption, which rights are already sold out. But the further consequences of previous legal relationship, which are connected to other supervening factors are governed by the new law (conf, Llambías, JJ, "Treaty ... - Party General", Vol I, No. 167 bis, p. . 143 et seq., esp. note 3 on page 68 bis. 145, 9 th Edition, Editorial Perrot, Buenos Aires, 1982). From there we understand it is fair and lawful to apply to the mediator the last tariff in force.
Indeed, in the case of the tariff applicable to the mediator who must await the completion judicial process, the previous employment is interconnected with two supervening factors: the determination of the ordered to pay costs and the level of agreement or decision, including of capital and interest.
Contrary to what gives substance to the contested decision, to end the mediation only to meet some of the acts and substantive and formal conditions to claim the fee. Deferring to the familiar criticisms of the term "vested right" that embodies the art. 3 of the Civil Code before the Law 17,711, the mediator is a right, but still can not identify the required or-this is even more important, the amount of the agreement or statement to clarify the value of their debts. So that the consequences of mediation and pending completion of the entry into force of the new law, including the payment of fees to the mediator, are governed by Decree 1465-1407 (conf Montenegro, Graciela, cit. By Pita , CM C, "Fees: Attorneys ...", pg. 414, 1 st ed., Buenos Aires, La Ley, 2008).
As Ure said, pending the determination of emoluments is a consequence of a legal relationship operated, but not "consumed" the task of the mediator does not exhaust itself the "iter" obligational, a link that extends to fixing the price of service and who pays for it must be.
The previous opinion of this Hall and several other courts (including the lengthy decision on appeal) makes standing on the considerations invoked the U.S. Supreme Court, by majority, in rejecting the application of the limitation of art. 505 of the Civil Code introduced by Law 24,432. Understood then the high court to diminish the right of professionals to collect the fee for work performed before the effective date of this law would affect rights protected by constitutional guarantees (SCJ, 09/12/1996, "Francisco Costa and Sons v. Agricultural Buenos Aires Province). That is, the emphasis was on taking the right of ownership of the professional. But in the case, if followed to the letter-so merely ritualistic, some of the reasons for this decision, there is a paradoxical situation: it protects the right of ownership of the professional worker, but will be curtailed.
On the contrary, given that changing the schedule of fees of the mediator has had to look at mitigating the effects of inflation occurred in the course of nearly ten years, now is the creditor's property rights worker that the legislature took to look harmless. There is a right to just compensation. Thus, it seems much more appropriate reference to this case the solution given by the highest court in the opportunity to question the immediate implementation of the upgrading of workers' claims as Law 20,695. By not having satisfied the creditor's claim, stated that the implementation of the new law only alters the ongoing effects of the relationship arose under the old rule of law, in any case, he said the Court, would affect the right of property the creditor to whom you paid with a coin of lower purchasing power than it was when claim arose (SCJ, 05/21/1976, "Marino v. Perkins Camusso SA" Bug T. 294 p. 434; ED 67 -414 / 5).
having regard to the reasons for the amendment of Decree 91/98, in particularly with respect to the guarantees contained in Art. 14 bis of the Constitution, it is much more reasonable interpretation that should be tar immediate implementation of the new tariff applicable to cases where no determination of the scale applicable.
Therefore, the Court RESOLVED: fs resolution change. 122 and have to apply the scale of Decree 91/98 with amendments to the Decree 1465/2007. With costs of appeal in the order established view that the obligor could believe with the right to repel the wrong .-
Register and refunded. ________________________________
7) Mediation: Mediator attorney fees. Prejudicial Ombudsman Advocate is entitled to full payment of their fees within 60 days of the mediation without judicial action has been initiated.
Expte No.97.606/2005 in re: "Lifchitz, Carlos B. c / Yanquelevich, Mariana C. s / execution fees 24,573-Law" CNACiv Sala J
Failure:
"Buenos Aires, July 14, 2006.
and Considering Views:
... In the kind the actor initiates the execution of the fees earned by his acting as a mediator in the file: Yankelevich Mariana Cristina c / Crepe Adolfo Felipe s / recovery amounts money, "as documentation of fs.1/3- claiming the sum of six hundred pesos ($ 600) by application of the rules set forth by Art. 21 of Decree 91/98, which regulates the mandatory mediation law, based on the requesting mediation failed, "that was initiated by undetermined amount, no judicial action promoted within the period specified by that standard.
For its part, driven, except for opposes falsehood of enforcement and inability to title, arguing that it is not for the date you claim the fees in question since the main trial is initiated before the Court of Jurisdiction No. 41 and adding further that if no action had been promoted, the mediator can only claim a payment of $ 150.
... The inc. The 3rd of this Decree provides that: ... the mediator's fees in cases where the amounts involved are over ... or in matters where the amount is not determined in the form of the requirement, will be $ 600 (Hundred dollars) and, as regards the time of payment, the same statue that, if promoted mediation procedure, this is interrupted or we fail and for any reason not embark on trial by the claimant within 60 consecutive days, one that promoted the mediation must pay the mediator's fee, the sum of $ 150 .-, on account of what those applicable when the action started and then is rendered arribare statement or agreement. Finally, a stable point which provides that the deadline be counted since the certificate was issued negative mediation. In the standard outlined
must rescue a value that transcends the purely positive regulation and that, as to the subject under study concerned, means that the purpose of this is straightened to the protection of the remuneration of the mediator, interpretation that is imposed, to repair the law contemplates the possibility of charging $ 150 to realize what corresponds, in the event of non-commencement of the trial by the claimant, within targeted before.
From this perspective, in line with the statements of other chambers of the Tribunal, we understand that the mediator who has undertaken the task prescribed by law, ensuring that the parties reconcile their positions at this stage prior to litigation, has acquired the right to receive integrated as the fees that apply in accordance with the provisions of paragraphs 1 to 3 of the standard under consideration (Conf. this Court in re: Curiel, Eleanor Judith c / Park Sports and Social Club s / execution fee; Expte 42.261/2005 No, of 29/11/2005; Cavalcanti Rosa Ester c / Corva Daniel Adolfo s / execution fees, Expte No. 44694/2005, 29 / 12/2005, of 29/12/2005, among others.)
Otherwise, forget the food nature of professional fees, it will free the will of who requested the mediation the possibility that the mediator engaged in due remunerative right way, vulnerable and thereby restricting constitutional foundation principles covered by the arts.14 bis and 17 of the Constitution (see arg., this Court in re: Calcavanti Rosa Ester c / Corva Daniel Adolfo s / execution fees, Expte 44694/2005, of 29/12/2005; In re Hall, Fernandez Lemoine, Maria Rosa c / Cocozza, Donato Carlos s / execution fee-Law 24,573, R.335.723 of 11.12.2001, id. Sala M, in re, Fernandez Lemoine, Maria Rosa c / Licari, Salvador s / execution fee of 17.02.2003, DJ. 2003-2-126). With the documentation
leaning on the own excepcionante, it appears that the actions that gave rise to the mediation were started the day December 26, 2005 as appears from the post which is attached photocopy fs.45.
respect, finds that at the time of initiation of this execution, "see fs.6 date by row. which determines the November 15, 2005 as date of creation of this ", the main file had not been initiated, resulting and other noteworthy that the beginning of what has been the same after the date on which the interest is presented fs. 21/22 to promote litigation without the benefit of these cars costs, dated December 20, 2005, as given by fs.22 account.
basis of these premises can not validly be interpreted that the standard provides for the assumption to not start the trial by the complaining party within 60 calendar days, the mediator is not entitled to claim those fees are determined that this . This matter is intended to argue that that this situation results in harm or detriment to the mediator who has done their job, but noted that does not meet the constitutional WARRANTIES OR equal pay for equal work.
Contrary to this, the parties have signed the minutes of FS.1, in which the item is accurate observations and specifically stated that the main trial is not promoted within 60 days from the date of completion of mediation, must pay $ 600 in fees intervening mediator.
Moreover, taking into account the principle of urgency of the deadlines set by art.155 of the Code of Procedure, it is unfair that someone who has worked and carried out the task, is harmed by the late action as such, would stay at the expense of the will of individuals who, because of neglect or voluntary abandonment of his rights before the judiciary, would prevent remunerated in the form integrates his professional work (No.15.503 Contents of the database of the Ministry of Law, Civil Chamber, Bulletin No. 16/2003).
In sum, to go on the precautions kind referred to in art. 21 of Decree 91/98 to enable the intended route for the claim of intervening mediator's fees, as is clear from the evidence leaning against the realization of the hearing, the failure of mediation, lack of quantification of amount of matter and have been exceeded the time limit for initiating the action, grievances must be addressed by the actor discharges and revoked the decision in crisis.
For the rest, being that the actor is presented in a timely manner to assert their right to posses, "and that the mediation will be closed on August 30, 2005 and started this on 15 November 2005 - not for it liable to any penalty for recklessness or malice.
Contrary to this, is the incidence and his counsel to those who will be told to the discharges in terms of grievances beyond the litigant's right to make criticism of judicial decision considered wrong or unjust, as is not exercised this power with caution, taking care of the style in the content of the letter, as well as in the terms used, such as being able to understand your speech too much to undermine the dignity of the magistrate grade. Is that the practice of law deserves and requires an exercise wise prudent and calm not only by judges who must serve the interests of individuals, but also of lawyers who, in order not to denigrate their professional work should provide adequate legal representation to those who come to exercise jurisdiction over their constitutional rights.
In line with this, we call upon the defendant and his counsel Dr. Hernan Rodrigo Arcudi sponsor, so that henceforth refrain from making improper statements which have no relation with the decorum and good faith that must prevail in the process.
In his letter, the Court Resolves to: Modify fs.65/67 resolution appealed to the extent indicated herein, except for inability to reject the title and ordering, therefore carry out the execution order until the defendant Mariana Laura Yankelevich make full payment of the sum of $ 600 claimed by the performer with more than the interest equal to the average deposit rate published by the Central Bank (art.61 of the law in fine 21,839). With costs of both instances the defendant expired (art.69 and 161 inc 3 of the Procedure Code).
Register and returned to the instance level, serving the present envio.Fdo careful note of: Marta del Rosario Mattera-Wilde-Ana Zulema M. Serrat Shines. "________________________________
Autos:" Lifchitz, Carlos B. c / Haberman, Pedro Sergio s / execution fee-Law 24,573, CNACiv. Room "G" Value 444,063
not Miss: "Good Aires, November 25, 2005. Views and Whereas: ... is the case indicated that the interpretation of the rules for tariff law contains 24,573, would be marginalized in the knowledge of judges if the minimum amount is applied for determining the appeal of art.242 cod. proc., and that all amounts are set below it.
Thus, to the case of execution of fees established by law, the Board considers it appropriate to resort to art.244 of adjectival law, by applying the guiding principle that inspires the whole decision in the case of Aguas Argentinas 06/29/2000 c / Blanck (ED 188-6-7), which is none other than the protection of professional remuneration (cf.esta room r.398923 of 17/05/2002).
That being said, added that the mediation initiated at the request of Mr. Pedro Sergio Haberman, concluded November 19, 2004 by not required to appear the first hearing mentioned, which I attended the requesting and your lawyer (fs.2).
On May 6, 2005 the mediator initiates these actions, saying that until that date the process that motivates his intervention would not have been initiated, end do by the defendant, regardless of the objections of his presentation are fs.11.
Under fs.30/31 the grievances of the performer focuses only complaints about the execution amount admitted by the lower court ($ 150), he understands that before the provisions of Art.21 of Decree No.91 / 98 and the nature of the question submitted to mediation (Having children), the amount was indeterminate, so that the rightful remuneration is $ 600 .-
If, as we have seen, it took more than five months after the mediation concluded without initiated the proceedings concerned, there is no but conclude that the mediator has won of the total emoluments for that country.
Note that the actor here fulfilled the task, because they are legally entitled to it, there can not be left to the discretion of the person concerned to obtain their full remuneration, for that matter submit position unfairly neglect or voluntary abandonment of right by applicant (cf. CNCiv., Room H, r.335223 of 11/12/2001; room M, r.83278 of 02/17/2003, this room r.402684 of 402276 of 06.02.1904 and 09.09.2004 and appointments). Sum corresponds to fix their remuneration in the amount authorized by art.21, inc.3, of the Decree No.91/98.
II. Appeal of fs.37: No leaving the room to see that what was decided at the previous point-the question under review falls into the realm of abstraction, and ultimately-progress pretension of the mediator.
However, the case is clear that the correct decision of a quo of fs.34 any irreparable damage caused to the petitioner (his appeal had already been granted), so that is not configured on the species, the essential requirement for viability of the appeal (cf. Fassi-Yaez say ..., 2276, No.7; CNCiv., the Board, r.246910 of 06.02.1998, and r. 269571 of 11.05.1999, among others).
the foregoing, it is resolved: I. Amend point III, paragraph of the resolution of fs.28 / 9, and, therefore, establish that the plaintiff is entitled to the defendant the relevant amounts to integrating the sum of six hundred dollars ($ 600) that corresponds, with more their interests to the monthly average deposit rate published by the Central Bank from the date of notification of the claim under review (fs.13). II. Declare bad fs.38 granted, the appeal of fs.37. III. Provide that in both cases, imposing costs of appeal for failure to reply briefs. Returns the case without delay to the previous instance ... Signed: Carlos A. Bellucci-Omar-Leopoldo J.Cancela Montes de Oca. "
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