Jurisprudencia de la CSJN:. «l., D. J. c/ C. P., J. M. s/ protección contra la violencia familiar (ley 12.569)». Competencia.

El 27/11/2014, en ocasión de fallar en los autos «l., D. J. c/ C. P., J. M. s/ protección contra la violencia familiar (ley 12.569)», la Corte Suprema de Justicia de la Nación dispuso que en materia de competencia, cuando en el objeto de las actuaciones estén involucrados menores de edad, como ocurría en la citada causa, debe otorgarse primacía al lugar donde éstos se encuentran residiendo, «…ya que la eficacia de la actividad tutelar, torna aconsejable una mayor inmediación del juez de la causa con la situación de ellos (Fallos:314:1196; 315:431; 324:2486 y 2487; 325:339, y más recientemente, Fallos: 331:1344 y Competencia N° 1314.XLIII «R., M. E. si protección de persona», pronunciamiento del 13 de mayo de 2008)».

Ello así, y compartiendo las consideraciones del señor Procurador Fiscal subrogante y por el señor Defensor Oficial ante la, resolvió declarar «que resulta competente para conocer en las actuaciones la justicia nacional en lo civil. A tal fin, remítase al Juzgado Nacional de Primera Instancia en lo Civil n° 12, encomendándole a dicho tribunal que deberá adoptar, con carácter urgente, las medidas que la situación planteada en esta causa requiera. Hágase saber al Juzgado de Familia n° 1 del Departamento Judicial de Dolores, provincia de Buenos Aires.».

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34 comentarios de “Jurisprudencia de la CSJN:. «l., D. J. c/ C. P., J. M. s/ protección contra la violencia familiar (ley 12.569)». Competencia.

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