Notificación de la demanda al demandado domiciliado en el extranjero
Author | Iván Poli,María Laura Etcheverry |
Date | 19 February 2015 |
Published date | 19 February 2015 |
Law Firm | Marval O'Farrell Mairal |
Para así decidir la Sala argumentó, en primer lugar, que esta demanda por daños y perjuicios no podía considerarse una suerte de demanda incidental de la medida cautelar que habilitara a emplazarla en el domicilio constituido en este último expediente, y que el hecho de que la medida cautelar hubiera sido el hecho generador de esta acción por daños y perjuicios no autorizaba per se a apartarse del principio general que dispone que la notificación del traslado de la demanda debe practicarse en el domicilio real del accionado, incluso si éste se sitúa en el exterior (artículos 339, primer párrafo, y 340 del Código Procesal).
Además, la Sala consideró que no era razonable extender el alcance del domicilio constituido en la instancia de mediación a la esfera del proceso en el cual quien actuó como apoderada en la medición prejudicial no tuvo intervención alguna, máxime cuando ello contradice expresas disposiciones legales que tienen su razón de ser en la garantía del debido proceso y el principio de igualdad.
Por último, la Sala estimó...
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