Precautionary measures in which the Argentinian State intervenes or is involved as a party. Analysis of Law 26.854
This work address the different issues debated with the sanction of the law of precautionary measures N° 26.854 in which the National State is a party or intervenes, investigating the relationship between the precautionary protection and the fundamental guarantee of an effective judicial protection,...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Facultad de Derecho y Ciencias Sociales y Políticas, Universidad Nacional del Nordeste
2022
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| Acceso en línea: | https://revistas.unne.edu.ar/index.php/rcd/article/view/6280 |
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| Sumario: | This work address the different issues debated with the sanction of the law of precautionary measures N° 26.854 in which the National State is a party or intervenes, investigating the relationship between the precautionary protection and the fundamental guarantee of an effective judicial protection, delving into the different innovative contributions given by the legislation under analysis, such as the report prior to the dispatch of the precautionary measure; the reasonable term of validity; the procedural regime differentiated according to the nature of the material right that the precautionary claim brings into play; the different kinds of measures legislated; and the preponderant role assumed by the public interest according to the type of measure requested, as well as the incorporation of a constitutional social state of law to the Argentine contentious process and its impact on justice. An attempt will be made to unravel the importance that the “precautionary measures against the national State” came to occupy, the incorporation of precautionary protection in the Argentine contentious administrative process, relevant amendments such as the previous report, the public interest involved and the subjects of special consideration, as well as the practical application in the Argentine legal system since the sanction of Law N° 26.854. |
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