La Corte aplica las reglas de competencia del Código Civil y Comercial en materia de restricciones de la capacidad

SÍNTESIS.- En el marco de un proceso por el cual se trata la solicitud de incapacidad de una persona que vive en la localidad de Lujan, Provincia de Buenos Aires, y que lleva más de diez años de trámite, aplica las reglas de competencia del nuevo Código Civil y Comercial en materia de restricciones de la capacidad y declara que resulta competente para conocer en las actuaciones el tribunal correspondiente al lugar en donde se encuentra internado el presunto incapaz. Señala que el art. 40 de la citada normativa asigna al juez la obligación de revisar la sentencia respectiva, tarea ésta que ha de llevarse a cabo con asiduidad y sobre la base de nuevos dictámenes interdisciplinarios y con la audiencia personal del interesado. Asimismo refiere que la labor atribuida a los jueces por el Cód. Civ. y Com. va más allá de una aproximación de visu, pues implica un ejercicio de evaluación y seguimiento que no podría desplegarse adecuadamente desde una sede judicial que no sea la del lugar donde habita establemente la persona, máxime cuando el desenvolvimiento de los profesionales involucrados puede verse dificultado fuera del ámbito territorial en el que fueron designados.

M’I M. H. 51 articulo 152 ter. Código Civil – , incidente familia, C.S.J.N., 3/05/2016

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Fuente: Sistema Argentino de Información Jurídica

39 comentarios de “La Corte aplica las reglas de competencia del Código Civil y Comercial en materia de restricciones de la capacidad

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