Art 609 cc
Art 609 cc online
what is a contract
6. The jurisprudence will complement the legal system with the doctrine that, in a reiterated way, the Supreme Court establishes when interpreting and applying the law, the custom and the general principles of law.
2. Laws are only repealed by subsequent laws. The repeal shall have the scope expressly provided for and shall always extend to everything in the new law on the same subject matter that is incompatible with the previous one. The simple repeal of a law does not render effective again those laws which it has repealed.
2. Equity shall be weighed in the application of the rules, although the decisions of the Courts may only be based exclusively on it when the law expressly permits it.
4. Acts carried out under the protection of the text of a rule that pursue a result prohibited by the legal system, or contrary to it, shall be considered to have been carried out in fraud of law and shall not prevent the due application of the rule that had been sought to be circumvented.
In a case of a construction of a house, where a lease contract is generated where a part of the payment is generated and the rest at the end of the work. The construction company is obliged not to carry out another work for the duration of the construction. After one month from the beginning of the works, the construction company stops going to the site, justifying that it must finish another construction of another client. What would be the obligations unfulfilled by the construction company?
Considering the provisions of the second paragraph of Article 5 of the Constitution, it is important to bear in mind that several international treaties have been signed that guarantee «essential rights that emanate from human nature». For example, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Inter-American Convention on the Protection of the Human Rights of the Elderly and the Inter-American Convention to Prevent and Punish Torture, among others.
the judgment must provide that the file or files selected by the registry of adoptive parents and the corresponding administrative agency be sent to the intervening judge within a period not exceeding ten days, in order to proceed with the immediate initiation of the process of guardianship for adoption purposes.
COMMENTARY The norm under study establishes the rules of procedure regarding the competence, the mandatory interview of the judge with the parents if possible, and the remission of the files in order to accelerate the time in the selection of the prospective adoptive parents and the effect of the sentence.
III. JURISPRUDENCE It is necessary to summon the blood parents of the minor whose adoption is sought, even in cases where there is an express manifestation of abandonment, since the rules contained in sections 11 and 12 of Law 19134, insofar as they prohibit the intervention of the parents in certain cases, unless they have lost their parental authority, are in violation of the constitutional guarantee of the defense in trial (section 18, National Constitution) (CNCiv., Chamber C, 12/8/1985, ED, 117-624).