Argentina: extranjeros no deberán prestar más caución de arraigo en juicio
Author | Gustavo P. Giay,Martín G. Chajchir |
Date | 25 February 2016 |
Published date | 25 February 2016 |
Law Firm | Marval O'Farrell Mairal |
A tal fin, el art. 2610 establece que los ciudadanos y los residentes permanentes en el extranjero gozan del libre acceso a la jurisdicción para la defensa de sus derechos e intereses, en las mismas condiciones que los ciudadanos y residentes permanentes en la Argentina. Asimismo, se establece que ninguna caución o depósito puede ser impuesto en razón de la calidad de ciudadano o residente permanente en otro Estado.
Antes de esta modificación, los ciudadanos o las empresas extranjeras que litigaban en la Argentina podían ser obligadas –a pedido del demandado– a prestar una caución para garantizar el pago de las costas del pleito en caso de que la demanda fuera rechazada, a menos que el demandante fuera un nacional de o estuviera domiciliado en un país que había firmado un tratado internacional o convención que dispensaba la prestación de la caución, tales como la Convención sobre el Procedimiento Civil de La Haya de 1954 (art. 17) o el Acuerdo de Cooperación y Asistencia Jurisdiccional en materia Civil, Comercial, Laboral y Administrativa del...
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