Jurisprudencia de la Cámara de Apelaciones Contencioso, Administrativo y Tributario de la C.A.B.A.: nulidad – carácter restrictivo – notificación – domicilio contituído.

«HIPICO MEDITERRANEA S.A. c/ GCBA», sentencia del 20/03/15

SUMARIO.- La Sala II de la Cámara de Apelaciones Contencioso, Administrativo y Tributario de la Ciudad Autónoma de Buenos Aires rechazó la nulidad de la notificación cursada en un domicilio constituído en el cual la cédula fue dejada por el oficial notificador en manos del encargado quien se negó a firmar la constancia pero afirmó que la persona a la cual iba dirigida la notificación vivía allí.

La nulidad del acto procesal se origina por distintos vicios que pueden afectar al sujeto (capacidad, legitimación, voluntad) o a los elementos (causa, objeto, forma del proceso). Un concepto más restringido circunscribe la nulidad a la violación de las formas ordenadas de antemano para regular el procedimiento judicial, toda vez que constituyen el elemento necesario por medio del cual se exteriorizan las manifestaciones, las declaraciones y resoluciones del juez, de los litigantes o de terceros (esta Sala, «in re», «GCBA c/ Justo Ariel Leonardo s/ ejecución fiscal», EJF 73601/0, sentencia del 17/06/04).
Asimismo, las nulidades procesales deben interpretarse restrictivamente, reservándose la sanción frente a la exteriorización de una efectiva indefensión, por cuanto el proceso no es un rito solemne y frágil que se desmorona ante la primera infracción formal, debiendo limitarse a aquellos supuestos en que el acto impugnado o viciado, ocasione un perjuicio sin que cumpla su finalidad. Ello, porque frente a la necesidad de obtener actos procesales válidos y no nulos se halla la de alcanzar actos procesales firmes sobre los que pueda consolidarse el proceso (conf. Fenochietto, Carlos E. – Arazi, Roland, Código Procesal Civil y Comercial, T° I, Astrea, Buenos Aires, ps. 611 y 624; Palacio Lino Enrique, Derecho Procesal Civil, T° IV, Abeledo Perrot, Buenos Aires, p. 178).

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Fuente: JURISTECA C.A.B.A.

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