Professional responsibility of lawyers
Section: Juris. civil , Decisions
"III. - The second and third reasons are directed to state that there has been no lack of diligence in the performance of the lawyer or has generated no harm with his performance. Understands that the procedure of voluntary jurisdiction was not adverse to the document will, but that has not reached its declaration of nullity, it is not proven that the said document can not assert title as another inheritance, as a codicil, and, as he did not oppose the action request inheritance of the heirs of the cause, nor made counter-demand, can not now understand that the actions of the lawyer was negligent, much less, that resulted in injury.
This room has to analyze the arguments that expends the appellant referred to the lack of diligence and the absence of damage. Read the rest of this article »
Tags: lawyers , responsibility
The status of appropriations approved definitively by the Magistrates Court: no place to appeal.
Section: Juris. civil , Decisions
"That as recently pointed out the MI Court of Justice for Aunt dated 27 January 2010:" Articles 37 and 38 of the Decree on procedure and judicial settlement of bankruptcy, 4 October 1969 , written by the Transitional Act proceedings, dated 23-12-1993, and therefore, once the Constitution was adopted and became effective in the Valleys of Andorra, considered the case at hand. Thus, Article 37 provides that the administrator was a form of loans and propose the admission or rejection, indicating the privileged status they deserve. The speaker of the Civil Section of the Court of Magistrates verify these proposals. Read the rest of this article »
Tags: credit , bankruptcy
Callament perpetual silence or in relation to net claims in court, res judicata
Section: Juris. Litigation , Jurisprudence
"Finally, callament perpetual silence or in relation to other claims, can not succeed not only for the reasons mentioned above, but also because the law in the jurisdiction (Art 10 CA) allows justiciable impetrar the help of justice as they deem appropriate in defense of their interests. And from this viewpoint the institutions of the Lis pendens and res judicata because it could prevent lawsuits filed against the same parties and the same cause and petendi petitum or resolved may arise again, as with the aforementioned institutions is to achieve the necessary legal certainty, it is possible that without a process or s'eternitzi in question over and over Read the rest of this article »
Tags: res judicata
Usuraris interests: nature and scope
Section: Juris. civil , Decisions
"II. - With regard to the amount of interest they claim in these proceedings, it must be remembered that the concept of unlimited usury must be agreed in relation to the circumstances, both derived from the general economic situation, as the private contracting, and that, given these parameters, refer to those usuraris higher than usual cash at any given time.
In the present case, the agent that the loan granted was intended to defend the use of a person that can not be considered professional in the area and signed a contract of adhesion, why should understand Read the rest of this article »
Tags: interest
Liability of partners for lack of adequacy of Association of the law. Requirements for termination
Section: Juris. labor , Decisions
"I. - The part that runs says it is in total disagreement with the judgment of first instance regarding the interpretation of section 4 of the First Transitional Provision of Law 20/2007 of corporations and limited liability as section 2 of that provision establishes the need for adaptation
of corporations and limited to the new law provided that contradict its provisions, in the case of the Articles of Association G. SAU there was no contradiction with this law, except the article relative to capital, but the execution was impossible to fulfill because the company lacked the capital injection sufficient to achieve minimum number required; Read the remainder of this article »
Tags: dismissal , responsibility , companies
Dismissal unjustified absence at work
Section: Juris. labor , Decisions
"II. - It's peaceful on 22 December 2007 Mrs. AGM began working for the account of the H.; That in April 2009 the worker was on vacation MURCIA SPAIN and had to return to her job on April 30, which On 29 April he was ruining his car and brought it to the workshop, the fifth day of May started her journey back into ANDORRA, when he witnessed to the company was notice a letter informing him of his immediate dismissal without notice or obligation to satisfy him any compensation for not having submitted their job for 5 consecutive working days without justifiable reason, Read the rest Article »
Tags: dismissal
Dismissal for lack of authority or disabled professionals to carry out work tasks
Section: Juris. labor , Decisions
"III. - It's peaceful Mrs. GBS suffers from a severe bronchial asthma that worsens very labile when exposed to environments with allergens or dust inhalation and passive smoking. A consequence of this condition, Mrs. GBS used mask, gloves and apron to carry out their activities in the store several times since the beginning of its activity, without any inconvenience caused to the company. He also repeatedly complain about the accumulation of dust in the shop, so that the company did clean the store every day but without any positive effect on the health of the worker. Now, Mr.. LT, superior of Mrs.. GBS confirms that the tasks of the worker were mainly carried out the logistics of the warehouse is in control and monitoring of stocks and sales, in carrying out Read the rest of this article »
Tags: dismissal
Prohibition of new work: scope and requirements
Section: Juris. civil , Juris. Litigation , Jurisprudence
"It is discussed that, follow this criterion, Mr.. JMS built an opening in the lower house of the new plant was built just at the limit with that band so that vehicles could access the property from the "Way of the Roc" as it was found later that the ocular inspection conducted the Hon. Acting Mayor of duty, without having tested it intended to open windows or other openings in the building for light or views. Messrs. AFN and JFN were opposed to opening the understanding that this action was carried out on the edge of the property on the litigants and predicted their constituents, and contrary to what was collected and customary Catalan Consuetuds of Sanctacília and for this reason , requested the urgent and immediate unemployment of the works on 23 February 2006, that request was Read the rest of this article »
We injunctions
Incompetence of the civil jurisicció for the annulment of a swap with the municipal administration
Section: Juris. administrative , Juris. civil , Decisions
"The present dispute is not, contrary to the aims sought, to determine whether Mr. JCG was owner of the land exchange, and therefore if you could give Mr. regularly. JAM, but the object of the procedure is only the annulment of a land swap with a public entity for lack of standing of a party, particularly the purported owner of the land exchange, and therefore the null of mind of an administrative act. Indeed, Mr.. JAM, the defendant should not prove anything, but it is up to plaintiffs to prove his ownership of the land litigiós. The agreement established between Mr. JAM and the Hon. Corresponds to a common exchange of communal territory with a portion of the article Read the rest »
Tags: as , jurisdiction , exchange
It is possible the court exequàtur a transaction not approved
Section: Juris. Litigation , Jurisprudence
"I. - It appears from the provisions of Article 19 of the Act Qualified Justice, 47 and 49 of the Transitional Law of Judicial Procedure, the procedure exequàtur confined to foreign civil judgments. This means that the resolution calling for the execution of the Principality shall be issued or approved by a foreign court.
II. - If Aunt, this is not a decision of a foreign jurisdiction, but a compromise agreement, which was not recognized by any foreign court. Indeed, it appears from the evidence contained in Aute, which by resolution dated 10-09-03, the Commercial Court of Paris condemned the Society P. SA to repay society SF, the amount of € 771,500, plus interest at 1.5% per month of the date 30-07-01 and the sum of € 6,000. Read the rest of this article »
Communal lands included in the unit of action
Section: Juris. planning , Decisions
"Second. - The purpose of this height has been reduced to the requests by the appeal of the communally owned lands that are placed on the unity of action on urban land unconsolidated PP-NC-02 The Aern, the Urban Management Plan and the Parish of Andorra la Vella excluded because pursuant to the provisions of Article 38.2 of the General Law on Spatial Planning and Urbanism (LGOTU) are ground undevelopable and thus can not join a unity of action on urban land is not consolidated. Read the rest of this article »
Tags: action units
Building the global church, building a field
Section: Juris. planning , Decisions
"Second. - The funds raised by the respective performances of Messrs. MA and the Community of La Massana, focusing on two separate issues, but closely related. First, we discuss a formal point of nature primarily, as is determining whether the poupo La Massana meet the requirement set out in Article 71.c) of the General Law on spatial planning and urban development, according which plans must contain a "comprehensive study justified the building of the parish, calculated pursuant to the provisions in force before the publication of this law, as established in Article 23 and the building resulting from the Plan for parish and town planning. " Read the rest of this article »
Tags: building
Consolidated urban land. Convention on prexistent poupo.
Section: Juris. planning , Decisions
"Second. - On the classification of the property.
As mentioned in the background, the main claim raised by the appellant is to obtain the classification of his property "The Callissoles" as consolidated urban land, separating it from the unity of action PP-NC-10 " Way of Sartell. "
The judgment appealed has rejected this request, considering that has not been proven that the property has reference services under Article 25 of the General Law on spatial planning and urban development, which should be within Land that is intended to be classified as consolidated urban land. On the other hand, has demonstrated the economic viability of the unit matrix, once segregated the property of the appellant. Read the rest of this article »
Tags: convention planning , urban land
Condition of the family wage administrator of a single society
Section: Juris. Administrative , Decisions
"Second. - The question being debated in this process is to determine whether or not the appellant's wage of the entity" Carpentry SL Sun, "which depends on the origin of the claim for medical benefits and wage making the CASS As is evident, it is a matter of fact, that should be resolved through a joint assessment and weighted tests that appear in the proceedings.
Third. - As a starting point, consider, as it has appealed the judgment, the fact that the appeal is the wife of the founder and legal representative of the company is not in itself also an obstacle to what the applicant to develop a paid work on behalf of society. Read the rest of this article »
Tags: social security , workers
Status of a salaried member of the board of the society, sick
Section: Juris. Administrative , Decisions
"As a starting point to resolve disputes, to consider the condition of a company administrator is not in itself incompatible with the employee of the company, which shall be conducted when a remunerated activities other than the mere management of the company. In this case, Mr.. SL as well as social manager, worked for the company for over ten years as a painter, and traded as such during the same period. In fact, the CASS itself does not dispute his status as employee during this long period of time.
The simple fact that the company had not paid a single monthly payment to the agent of the salary-for the month of September 2007 - does not justify the conclusion that Mr. SL had lost the status of wage and had to spend to ensure voluntary, Read the rest of this article »
Tags: contributions , social security
Review of administrative acts of the CASS. Status of a salaried member of the board of a company
Section: Juris. Administrative , Decisions
"Second. - On the legality of the procedure followed by CASS
This Chamber has considered on several occasions the legality of procedural mechanisms should use the Andorran Social Security to proceed to rescind its resolutions declarative of rights or to claim the return of the amounts unduly paid, as the case .
The sentence no. 65-2005 of 11 November, stated the need to resort to the procedure provided in Article 23 of Law of the administrative and fiscal jurisdiction, provided that they were reviewing the legal criteria to be adopted initially, Read the remainder of this article »
Tags: administrative act
Competence of the CTU
Section: Juris. planning , Decisions
"Second. - On the competition of the CTU
The appeal by the Hon. Joint Encamp was admissible pursuant to Rule 146 of the general law on territorial and urban development, which provides:
«1. Against acts, express or tacit, of the municipal administration in terms of planning and construction, and against the instruments of communal organization defined in this Act may lodge an appeal against the Technical Planning Committee. "
The appeal by the Hon. Joint Encamp was therefore admissible. Read the rest of this article »
Tags: technical committee planning
Motivation of administrative acts
Section: Juris. planning , Decisions
"Third. - The form of unity of action PP-NC-12 FIELD OF EMPRIVAT states:" Since the plan is partially within an archaeological area, as it stands will require the preparation by the promoter of a previous study of the impact that the works might have on the archaeological remains in accordance with the provisions of the catalog "(see folio 39).
The requirement for an impact study is based on the provisions of Article 17 of Law 9/2003 of 12 June, the cultural heritage of Andorra (BOPA, 16 July 2003). Read the rest Article »
Tags: administrative action , motivation
Suspension of the proceedings of an administrative record
Section: Juris. Administrative , Decisions
"It should be noted that although the Administration had turned a communal settlement complementary, it had been annulled by the Technical Planning Committee on 3 March 2009, for lack of hearing society affected , and had agreed to back the actions inception in order to carry out this procedure. This means that, on the date of resolution of the Magistracy which is subject of this appeal, there was no final administrative action other than the initial payment had already been challenged in this process.
Second. - The suspension of a process must obey a legal cause, and can not read the rest of this article »
Tags: administrative act
Position of trust in labor relations: the nature and scope. Determination of wages
Section: Juris. labor , Decisions
"III. - Has previously determined what was the task undertaken by Mrs. SRF in the company NPD, since it was first intended for administrative tasks only when the company maintains that it enjoyed a position of trust. Position of trust to be understood, the meaning of Article 38 of the Act on employment contract, and all directors and managers who, by nature of their work can not be subject to a strict limitation the day. In this order of idea, the common law considers that the essential criterion that characterizes a position of trust is a great autonomy of action of the employee with power steering and / or management major. Read the rest of this article »
Tags: dismissal
Novation tacit
Section: Juris. civil , Decisions
"II. - As a first instance judgment grievance against the appellant that the defense agreement signed between the parties was never subject to tacit renewal regarding the date of delivery of housing that is was under construction.
However, the data contained in the proceedings shows that, contrary to the appellant argues, the contract between the litigants was the subject of a circumstantial renewal deadline in respect of which the seller had delivered promitent buyer estate units object of the agreement. In this sense, has proven that once had elapsed from the date of delivery the same in December 2005 or, at most, in April the following year, the purchaser promitent continue to pay the sums Read the rest of this article »
Tags: innovation
Lack of standing to sue the broker
Section: Juris. Litigation , Jurisprudence
"II. - Regarding the first of reasons, other accredited activities (cf. pages 49 and 63) that the commercial U. SA interposes demand in the quality of insurance intermediaries in the policy between the Company L. and commercial RM and SL can not admit that, after having changed the condition of the delegate, not only because they tried other payments of compensation makes the L. (Pages 69 and 70), but also because the expert reports that are to pages 41 through 46 charge the insurer L.. Read the rest of this article »
Tags: insurance
Real estate brokerage: meritament committee
Section: Juris. civil , Decisions
"III. - Secondly the appellant argues that there was no causal relationship between the performance of the property and the sale of the house that was made by him individually, but this conclusion is not acceptable.
As has repeatedly highlighted this room, so that the intermediary may charge a transaction fee that corresponds to the precise contract is projected to be held as a result of professional intervention of commission, ie, must have a causal nexus existed to allow the sale of perfection attributed to the actions of the intermediary link exists when the seller Read the rest of this article »
Tags: brokerage
Contract of adhesion: interpretation. Resolution of the contract of sale
Section: Juris. civil , Decisions
"II. - The arguments of the appellant can not be accepted because that is not stated in the contract that was promised to sell the house should have two rooms is not relevant when it was accompanied by a map the apartment, which was also signed by the parties and should be considered integral to the agreement of wills, which are collected in this circumstance clearly (folio 19).
Nor can you argue that it was a map and approximate guidance only, as stated in the contract signed between the parties, because we understand that this rating could refer to incidental details of the apartment, but not a reason Read remainder of this article »
Tags: sale , contract of adhesion
The economic crisis does not force the bans agreed to modify the interest
Section: Juris. civil , Decisions
"The fact that there has been a crisis like the present does not force banks to modify the conditions under which they agreed to certain loans or contracts, the courts have no authority to moderate them for this cause, as pact on interest or fees can not be identified with the penalty clause, as follows from the same judgment of the Chamber of 22 September 2000 that the appellant was provided with the answer to the demand as they remain independent the fact that the creditor has not suffered any damage as a result of the failure of the debtor and can only be reduced if usuraris. The crisis is affecting us, moreover, a circumstance that could provide both financial institutions and individuals, Read the rest of this article »
Tags: interest
Inadmissibility of the appeal according to the homeowners in the process of debt collection
Section: Juris. civil , Decisions
"III. - As regards the other grounds of appeal or grievance, it should highlight the following. This resource challenges through two different extremes, such as, firstly, the existence of defects in the announcements of the meetings of owners, as well as the same, and that would result in the nullity of full and on the other hand, questions the accumulation of offices of President and Secretary in the two co-owners of the same building unit. This room should highlight the Horizontal Property Act of 30 June 2004 designed a declarative procedure easier and simpler for the common complaint of debts, so that in defending the same can only discuss the origin of the economic claim against it, Read the rest of this article »
Tags: homeowners
Requirements as to the effectiveness of the donation
Section: Juris. civil , Decisions
"I reached this point no one can argue, as the appellant seeks, requires that donation as a requirement to transfer the domain to the same place on a public document and that the said form shall be considered as a solemn ( an ad solemnities). Indeed, this room has had the opportunity to show how the public is not a requirement for a donation in the legal system of the Valleys of Andorra. So, this room, in judgment of 17 July 2006, already showed that about Read the rest of this article »
Tags: donation
Society representation at trial, the training of social will, lack of standing to sue
Section: Juris. Litigation , Jurisprudence
"II. - The resolution instance based, in accordance with the provisions of Bylaws (article eight) the President is empowered not only to perform representative functions corresponding to the board and shareholders or the Board of Directors, the adoption of agreements regarding the relevant issues so that action exercised over the events of everyday management. Read the rest of this article »
Tags: legitimate , companies
Temporary suspension of corporate agreements within the framework of the precautionary measures
Section: Juris. civil , Decisions
"II. - The first of grievances or grounds can not succeed for the reasons, then exposed. Jutjador quo equates to the precautionary measures of temporary suspension of resolutions adopted and the embargo, but precautionary measures in order to equate seeking, securing consistent result and a possible future court conviction. And from this viewpoint, maintains that the precautionary measures, in its various forms, require the existence of an appearance of good law (Prima facie case) and the danger that the court pronounced that becomes unenforceable (periculum in arrears). And these considerations are perfectly acceptable for this room, so the first of the reasons or grievances should be rejected. Read the rest of this article »
Tags: companies
Arrest: requirements, judgment
Section: Juris. Litigation , Jurisprudence
"IV. - The lien is not a measure of coercion by the defendant's attempt to get access to the payment of what he calls or wants to claim that the plaintiff, but that is a measure that aims precaution to ensure the actor, when the circumstances reveal it necessary to charge that, with an appearance sufficiently grounded claim or legal claim, hence the jurisprudence of this room, making the interpretation of Article 2 of Decree of 1 May 1992 he repeated that there are two essential requirements to be entitled to request lien: a good appearance of the right to claim (Prima facie case), and a danger que es pugui frustrar l'efectivitat del crèdit per absència de béns del demandat quan la sentència que es dicti s'hagi d'executar (periculum in mora). Llegir la resta de l'article»
Tags: embargament
Requisits per a l'embargament preventiu, resolució desestimatòria
Section: Juris. Litigation , Jurisprudence
“II.- L'embargament preventiu no és una mesura de coacció al demandat amb l'intent d'aconseguir que accedeixi al pagament d'allò que li reclama o que li vol reclamar el demandant, sinó que és una mesura que té la finalitat cautelar de garantir a l'actor, quan les circumstàncies del cas ho revelin necessari, que cobrarà allò que, amb una aparença suficientment fonamentada, reclama o reclamarà judicialment; d'aquí que la jurisprudència d'aquesta Sala, en fer l'interpretació de l'article 2 del Decret de data 1 de maig de 1992 ha repetit que són dos els requisits essencials per a poder accedir a una petició d'embargament preventiu: una aparença de bon dret de la reclamació (fumus boni iuris), Llegir la resta de l'article»
Tags: embargament
Privació de la pàtria potestat
Section: Juris. civil , Jurisprudència
“Segons el que disposa l'article 38 de la llei qualificada de l'adopció i de les altres formes de protecció del menor desemparat, la privació de la pàtria potestat pot tenir lloc quan els progenitors per maltractaments, embriaguesa habitual, mala conducta notòria, delinqüència o mancances a la guarda, vigilància i educació de l'infant posen manifestament en perill la seguretat, la salut o moralitat de l'infant, o quan una mesura d'assistència educativa hagi estat decidida pel fill i s'han abstingut voluntàriament, durant més d'un any, d'exercir els drets i complir amb els deures que estableixen els articles 34 i 35. Llegir la resta de l'article»
Tags: pàtria potesta
Prescripció de les accions: interrupció
Section: Juris. procedural
“II.- Esdevé necessari com a qüestió prèvia, posar de manifest que, en relació a l'excepció peremptòria de prescripció, la mateixa no pot ésser acollida per dues raons. La primera, perquè la part que encara defensa la procedència de la mateixa, que ha estat refusada per la sentència, no ha interposat recurs contra la mateixa, sinó que s'ha limitat a oposar-se al recurs de la part agent. Consegüentment, no pot impugnar els extrems de la sentència d'instància que no ha tingut com a lesius, al no formular en relació als mateixos cap recurs. Llegir la resta de l'article»
Tags: prescripció
Traspàs d'un negoci: passius ocults, consentiment del propietari
“I.- Ha quedat acreditat a les actuacions que el dia 29 de juliol del 2006 el Sr. DRM, que manifestava ser titular administratiu i alhora propietari del negoci “Bar C.”, va traspassar el fons de comerç, el mobiliari i la mercaderia existent en aquella data al citat establiment al Sr. JGM ia la Sra. MNL per un preu de 72.758,40 euros, dels quals haurien d'abonar 12.000 euros en el moment del contracte i 1.781,60 mensuals des de l'u de setembredel 2006 fins l'u del mateix mes del 2008, moment en el què els citats senyors entregarien els 18.000 euros restants i el Sr. DRM cediria la titularitat del negoci. Llegir la resta de l'article»
Tags: traspàs
Retorn de l'objecte de la compravenda: compensació
“II.- És pacífic que el dia 24 de desembre del 2007 el Sr. AAS va comprar a la botiga Boutique del cuir, un abric de xinxilla fet a mides de la seva esposa, per un preu de 8.900 €; que el dia 26 de desembre la Sra. MAG va personar-se a la botiga dient que l'abric no li agradava i va demanar un canvi; que la Sra. XTC, que aquest dia gestionava la botiga, va acceptar el canvi de l'abric, però com que no disposava d'altres talles o models o altres peces de pelleteria del gust de la Sra. MAG, va lliurar a aquesta darrera un val per un import de 8.900 €. Llegir la resta de l'article»
Tags: compravenda
