Contestación de demanda
Date | 03 March 2016 |
Author | Javier E. Patrón,Enrique M. Stile,José M. Llano,Rodrigo Solá Torino |
Published date | 03 March 2016 |
Law Firm | Marval O'Farrell Mairal |
El 30 de diciembre de 2015, la Sala III de la Cámara Nacional de Apelaciones del Trabajo determinó que la contestación de demanda no debe entenderse como un acto procesal único que se agota con su primera presentación. En este sentido, el tribunal consideró que la parte demandada cuenta con todo el plazo legal para realizar modificaciones o ampliar la prueba. El citado fallo convalidó de esta manera la segunda presentación realizada por la empresa demandada en un juicio laboral considerándola parte de la contestación de demanda.
Para arribar a tal conclusión, estimó que los artículos 65 y 71 de la Ley N° 18.345 de Procedimiento Laboral así como el artículo 356 del Código de Procedimiento Civil y Comercial de la Nación nada dicen al respecto y que no deben hacerse distinciones que la ley no hace.
Entendió, también, que podría aplicarse analógicamente el artículo 70 de la Ley N° 18.345 de Procedimiento Laboral, que permite al actor modificar la demanda antes de que sea notificada. El límite sería que la contraria hubiese tomado conocimiento de la...
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