Cámara de Apelaciones Contencioso, Administrativo y Tributario: posesión de un bien de domino público del Gobierno de la CABA

SUMARIO. Bienes del Estado. Dominio público del Estado. Facultades de la Administración. Desalojo administrativo. Posesión del inmueble. Usucapión. Prueba. Medidas cautelares. Suspensión de la ejecutoriedad. Improcedencia.

Revocación de la sentencia de grado, y consecuente rechazo de la medida cautelar solicitada por la parte actora, con el objeto de que se suspenda el desalojo administrativo decretado.
El demandante alega una posesión veinteañal sobre el inmueble que, «prima facie», no logra acreditar. El actor invoca la posesión que su padre habría ejercido sobre la finca. Sin embargo, de la misma documental que agrega, surgiría que el padre del actor habría alquilado esa propiedad al menos hasta junio de 1998, de modo tal que ni siquiera podría justificar su ocupación en calidad de “dueño” pues no se habría cumplido el plazo veinteañal para usucapir.
La conclusión a la que se arriba supone que el bien ocupado pertenece al dominio privado de la demandada, cuestión que conforme con los elementos agregados al proceso no es posible aseverar, menos aún cuando el decreto de desalojo —que goza de presunción de legitimidad— expresa en sus considerandos y en el artículo 1° que el bien a desocupar pertenece al domino público del Gobierno de la Ciudad de Buenos Aires. Si el inmueble perteneciera al dominio público, el actor no podría usucapir bienes que son inalienables e imprescriptibles (cfr. Rivera, Julio César; “Instituciones de Derecho Civil”, Reimpresión, Buenos Aires, Abeledo-Perrot, 1997, T.II, p. 401-402).

DATOS: Cámara de Apelaciones Contencioso, Administrativo y Tributario. Causa Nro.: A2297-2014-1. Autos: M. A. C. c/ GCBA Sala I. Del voto de Dra. Mariana Díaz, Dra. Fabiana Schafrik 13-02-2015. Sentencia Nro. 16.

 

 

Ver fallo completo

FUENTE: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires.

36 comentarios de “Cámara de Apelaciones Contencioso, Administrativo y Tributario: posesión de un bien de domino público del Gobierno de la CABA

  1. I simply want to tell you that I am very new to blogging and actually liked this web-site. Most likely I’m want to bookmark your site . You definitely come with tremendous well written articles. Thank you for sharing with us your web-site.

  2. If you might be still upon the fence: seize your most loved earphones, intellect down toward a Most straightforward Get and inquire towards plug them into a Zune then an iPod and check out which a person seems greater in the direction of on your own, and which interface generates you smile a lot more. Then you can expect to understand which is instantly for yourself.

  3. I¡¦m no longer sure where you are getting your info, however good topic. I needs to spend a while learning much more or working out more. Thanks for wonderful information I used to be looking for this information for my mission.

  4. If you might be still upon the fence: seize your beloved earphones, intellect down to a Least complicated Purchase and request towards plug them into a Zune then an iPod and look at which one particular seems greater toward oneself, and which interface helps make yourself smile much more. Then you are going to recognize which is straight for you.

  5. Thanks a lot for giving everyone such a breathtaking opportunity to check tips from this website. It is usually very terrific and also stuffed with a great time for me and my office acquaintances to search your website more than thrice every week to find out the new stuff you have got. And lastly, I’m so certainly satisfied with the extraordinary techniques served by you. Some 2 points on this page are basically the most impressive I have ever had.

  6. The refreshing Zune browser is incredibly favourable, however not as Wonderful as the iPod’s. It performs properly, but isn’t really as fast as Safari, and is made up of a clunkier interface. If yourself often application upon utilizing the world wide web browser that is not an issue, still if you are planning toward read through the net alot versus your PMP then the iPod’s greater exhibit and far better browser may well be considerable.

  7. Arms down, Apple’s application shop wins through a mile. It truly is a substantial preference of all sorts of applications vs a quite unhappy range of a handful for Zune. Microsoft includes Options, primarily in the realm of video games, but I am not absolutely sure I’d want in direction of wager on the future if this attribute is sizeable in the direction of your self. The iPod is a much better determination within that case.

  8. Thank you for publishing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Twitter. Thanks again for a great post!

  9. Apple already incorporates Rhapsody as an app, which is a suitable start out, but it is already hampered by way of the lack of ability towards keep locally on your iPod, and includes a dismal 64kbps bit price. If this variations, then it will to some degree negate this convenience for the Zune, but the 10 music for each month will nonetheless be a huge as well as within Zune Pass’ prefer.

  10. Thank you for publishing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great post!

  11. Sorry for the massive overview, nevertheless I’m Pretty loving the contemporary Zune, and expect this, as effectively as the Great assessments some other men and women consist of created, will aid your self decide if it can be the directly conclusion for oneself.

  12. Between me and my spouse we have owned more MP3 avid gamers previously mentioned the yrs than I can rely, which includes Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, and so on. But, the very last number of decades I’ve settled down toward a person line of avid gamers. Why? Since I was pleased toward find how well-designed and enjoyment to use the underappreciated (and greatly mocked) Zunes are.

  13. This is getting to be a little bit further subjective, still I significantly prefer the Zune Market place. The interface is colourful, is made up of even further aptitude, and some amazing characteristics which include ‘Mixview’ that permit on your own out of the blue check out comparable albums, tunes, or other customers equivalent to what you happen to be listening toward. Clicking on just one of individuals will centre upon that solution, and an additional mounted of «neighbors» will come into check out, letting your self in direction of navigate around exploring by comparable artists, music, or consumers. Conversing of people, the Zune «Social» is also best pleasurable, letting yourself uncover other people with shared preferences and starting to be good friends with them. On your own then can pay attention towards a playlist designed primarily based on an amalgamation of what all your good friends are listening towards, which is way too remarkable. All those fearful with privacy will be relieved in direction of notice your self can steer clear of the public from observing your personal listening behaviors if your self consequently pick out.

  14. Thank you for publishing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Twitter. Thanks again for a great article!

  15. Zune and iPod: Greatest individuals assess the Zune towards the Contact, nonetheless at the time watching how thin and shockingly very little and light it is, I take into consideration it towards be a pretty special hybrid that brings together properties of both the Touch and the Nano. It really is Pretty colourful and attractive OLED display is somewhat more compact than the touch screen, but the player by itself feels relatively a little bit lesser and lighter. It weighs with regards to 2/3 as substantially, and is drastically scaled-down inside width and peak, whilst remaining exactly a hair thicker.

  16. The Zune concentrates on being a Portable Media Player. Not a website browser. Not a sport machine. Probably within just the potential it’ll do even far better within all those areas, however for already it is a very good path in direction of prepare and hear in the direction of your tunes and flicks, and is without having peer in that regard. The iPod’s pros are its world-wide-web visiting and programs. If people good even more persuasive, possibly it is your excellent decision.

  17. Sorry for the huge evaluation, however I am Pretty loving the contemporary Zune, and anticipate this, as properly as the Great critiques some other human beings contain prepared, will aid your self make your mind up if it’s the directly determination for your self.

  18. Fingers down, Apple’s application retailer wins through a mile. It is a large quantity of all sorts of apps vs a as a substitute not happy amount of a handful for Zune. Microsoft includes plans, especially inside the realm of online games, but I am not positive I’d will need toward guess upon the long term if this aspect is substantial toward you. The iPod is a substantially better determination within that scenario.

  19. The Zune concentrates on getting a Portable Media Player. Not a website browser. Not a recreation machine. Maybe inside of the long term it’ll do even greater within just people areas, however for at this time it’s a superior direction to arrange and pay attention towards your audio and videos, and is without the need of peer in just that respect. The iPod’s pros are its website visiting and programs. If these stable more persuasive, possibly it is your easiest option.

  20. I truly enjoy looking at on this site, it has got good posts . «We find comfort among those who agree with us–growth among those who don’t.» by Frank A. Clark.

  21. This is starting to be a bit additional subjective, yet I a great deal like the Zune Market place. The interface is colorful, has even more aptitude, and some amazing characteristics including ‘Mixview’ that permit your self abruptly see very similar albums, tunes, or other people equivalent in direction of what you’re listening to. Clicking on a single of people will heart upon that product or service, and a different preset of «neighbors» will arrive into see, enabling by yourself in direction of navigate in the vicinity of researching via related artists, songs, or people. Chatting of people, the Zune «Social» is additionally fantastic enjoyable, allowing you discover some others with shared preferences and becoming friends with them. Your self then can hear in the direction of a playlist intended primarily based upon an amalgamation of what all your pals are listening in direction of, which is in addition interesting. Individuals nervous with privacy will be relieved toward know yourself can stay clear of the public versus looking at your individual listening behavior if oneself hence take.

  22. I simply couldn’t go away your website before suggesting that I actually enjoyed the usual info an individual supply to your guests? Is gonna be again continuously to check up on new posts.

  23. Fingers down, Apple’s application retail store wins as a result of a mile. It is really a large choice of all sorts of apps vs a instead not happy conclusion of a handful for Zune. Microsoft consists of Options, particularly inside the realm of online games, nonetheless I’m not confident I’d require to wager upon the future if this characteristic is significant toward on your own. The iPod is a significantly greater selection within just that scenario.

  24. You could definitely see your skills within the paintings you write. The world hopes for more passionate writers such as you who aren’t afraid to mention how they believe. All the time follow your heart. «If you feel yourself falling, let go and glide.» by Steffen Francisco.

  25. Good day very cool blog!! Guy .. Beautiful .. Amazing .. I’ll bookmark your site and take the feeds additionally…I’m satisfied to seek out numerous helpful info here in the publish, we want work out extra strategies in this regard, thanks for sharing.

  26. It’s in point of fact a nice and useful piece of information. I’m glad that you shared this useful info with us. Please keep us informed like this. Thank you for sharing.

  27. Thanks for posting this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Twitter. Thanks again for a great post!

  28. I will immediately grasp your rss feed as I can not find your e-mail subscription link or newsletter service. Do you’ve any? Please allow me understand in order that I could subscribe. Thanks.

  29. I really wish to reveal to you that I am new to blog posting and incredibly loved your information. Most likely I am most likely to save your blog post . You literally have wonderful article blog posts. Be Thankful For it for discussing with us your main domain information

  30. I intended to send you one little bit of remark to finally say thank you again for all the pleasant pointers you have discussed in this article. It is simply incredibly open-handed of you to give publicly all that a few individuals might have supplied for an e book to help with making some money for their own end, specifically given that you could possibly have tried it if you wanted. These creative ideas additionally acted as the great way to be sure that the rest have a similar dream much like my own to learn a lot more regarding this condition. I’m sure there are numerous more pleasurable situations up front for many who browse through your blog post.

  31. Hiya there, just became conscious of your blog page through Search engine, and discovered that it’s truly entertaining. I’ll value in the event you maintain this idea.

Los comentarios han sido cerrados.