COBRO DE PESOS – LOCACION DE OBRA – PROFESIONES LIBERALES – RETRIBUCION JUSTA – BUENA FE – DEBERES DE LA ADMINISTRACION -ENRIQUECIMIENTO SIN CAUSA – PRUEBA – CARGA DE LA PRUEBA – JURISPRUDENCIA DEL TRIBUNAL SUPERIOR
En el caso, corresponde revocar parcialmente la sentencia de grado, y en consecuencia, hacer lugar a la demanda por cobro de pesos interpuesta por la parte actora y condenar al Instituto de la Vivienda de la Ciudad de Buenos Aires -IVC- a abonar al accionante la suma en concepto de trabajos profesionales desempeñados y no abonados, con más intereses.
En efecto, a los fines de resolver la cuestión se valorarán los recaudos exigibles para establecer si resultaría procedente admitir una reparación a favor del demandante con apoyo en la doctrina del enriquecimiento sin causa, extremo que, claro está, no implica eximir al accionante de la carga de acreditar la efectiva prestación del servicio aprovechado por el demandado, así como tampoco lo releva de su obligación de probar el correlativo empobrecimiento que aquella le habría generado (TSJ «in re» “Sanecar SACIFIA c/ GCBA s/ cobro de pesos s/ recurso de apelación ordinario”, expte. Nº1.860/02, sentencia del 5/11/03).
De las constancias de autos, se encuentra acreditado que el actor prestó determinadas tareas inherentes a su profesión -arquitecto- que fueron aprovechadas por el IVC. Por otro, la propia demandada, en el expediente administrativo, estimó que el pago bajo estudio encuadraba bajo la figura de legítimo abono, así como que su desconocimiento configuraría un supuesto de enriquecimiento sin causa.
Frente a ello, un eventual progreso del pago pretendido, no representaría un menoscabo al derecho de defensa del demandado, en tanto los elementos de convicción al respecto provengan de las constancias obrantes en estas actuaciones en relación con las cuales, las partes, han ejercido su derecho de defensa. Al respecto, resulta adecuado valorar el temperamento adoptado en sede administrativa así como los argumentos que el demandado ahora invoca para lograr el rechazo del reclamo bajo estudio.
En tal sentido, las características de las tareas desarrolladas por el recurrente, propias de su profesión no pueden presumirse gratuitas pues “[e]l que hiciere algún trabajo, o prestare algún servicio a otro, puede demandar el precio, aunque ningún precio se hubiese ajustado, siempre que tal servicio o trabajo sea de su profesión o modo de vivir. En tal caso, entiéndese que ajustaron el precio de costumbre para ser determinado por árbitros” (art. 1.627 del Código Civil y esta Sala en “Del Vecchio Claudio Alejandro y otros c/ GCBA s/ cobro de pesos”, expte. Nº10.694/0, sentencia del 7/6/13).
Cámara de Apelaciones Contencioso, Administrativo y Tributario. Causa Nro.: 40067-0. Autos: PAZOS VIQUEIRA MARCELO DANIEL c/ INSTITUTO DE LA VIVIENDA DE LA CIUDAD DE BUENOS AIRES Sala I. Del voto de Dra. Mariana Díaz con adhesión de Dra. Fabiana Schafrik. 10-07-2015.
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Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires. El contenido puede ser reproducido libremente, y no genera responsabilidad por ello, bajo condición de mencionar la fuente y esta advertencia.
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The Zune concentrates on being a Transportable Media Player. Not a world wide web browser. Not a recreation machine. Perhaps in just the upcoming it will do even better inside of these areas, yet for at present it is really a Wonderful way toward organize and listen towards your songs and flicks, and is devoid of peer in that respect. The iPod’s strengths are its world wide web going to and apps. If these stable much more persuasive, quite possibly it is your ideal conclusion.
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I am going to machines this review towards Two models of humans: existing Zune householders who are taking into consideration an upgrade, and humans seeking in direction of make a decision in between a Zune and an iPod. (There are other gamers worthy of taking into consideration out there, such as the Sony Walkman X, nonetheless I expect this offers by yourself more than enough information towards crank out an mindful selection of the Zune vs gamers other than the iPod line as properly.)
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Apple at the moment consists of Rhapsody as an app, which is a superior start off, but it is at present hampered through the inability toward shop locally on your iPod, and incorporates a dismal 64kbps bit value. If this changes, then it will considerably negate this comfort for the Zune, still the Ten new music for each month will however be a huge moreover in just Zune Pass’ prefer.
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Zune and iPod: Greatest All those assess the Zune to the Contact, however just after viewing how slim and astonishingly lower and light-weight it is, I contemplate it in direction of be a alternatively exceptional hybrid that combines qualities of each the Contact and the Nano. It’s Quite colourful and beautiful OLED display is a little bit more compact than the touch screen, yet the player by itself feels rather a little bit smaller and lighter. It weighs more than 2/3 as much, and is drastically more compact in just width and height, even though being only a hair thicker.
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Hands down, Apple’s app shop wins by way of a mile. It is really a enormous preference of all sorts of applications vs a in its place not happy decision of a handful for Zune. Microsoft contains Strategies, specially in the realm of video games, however I’m not certain I might need to have towards wager on the long run if this section is important to by yourself. The iPod is a substantially superior conclusion inside of that case.
This is taking a little bit more subjective, nevertheless I substantially choose the Zune Marketplace. The interface is colourful, includes added aptitude, and some awesome options together with ‘Mixview’ that allow for yourself instantly see comparable albums, audio, or other customers similar to what you might be listening in direction of. Clicking upon just one of those will center upon that product or service, and a different fastened of «neighbors» will come into opinion, permitting yourself toward navigate close to studying by means of equivalent artists, tunes, or customers. Talking of consumers, the Zune «Social» is too best fun, allowing on your own identify others with shared tastes and turning out to be pals with them. Oneself then can hear toward a playlist manufactured dependent upon an amalgamation of what all your pals are listening in direction of, which is also enjoyable. All those worried with privacy will be relieved in the direction of comprehend oneself can avert the general public against viewing your personal listening habits if by yourself so make a decision.
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Sorry for the huge analyze, but I am Pretty loving the fresh new Zune, and assume this, as very well as the Good critiques some other persons include penned, will support on your own determine if it can be the instantly option for your self.
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Hands down, Apple’s application keep wins via a mile. It can be a substantial option of all types of programs vs a instead unsatisfied determination of a handful for Zune. Microsoft contains Options, primarily in the realm of games, but I am not indeed I might need to have to guess upon the foreseeable future if this component is important in direction of you. The iPod is a substantially much better alternative in that scenario.
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The clean Zune browser is incredibly good, however not as superior as the iPod’s. It will work well, however is just not as fast as Safari, and consists of a clunkier interface. If on your own once in a while program on making use of the world-wide-web browser that’s not an issue, still if you happen to be planning towards read through the internet alot versus your PMP then the iPod’s more substantial exhibit and superior browser may well be sizeable.
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