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Fallo de la C.S.J.N sobre Acta 2674 de la C.N.A.T.

On February 29, 2024, the Supreme Court of Justice of the Nation ruled on MINUTE 2674 of the National Court of Appeals, in proceedings “Oliva Fabio Omar v. OMA S.A. s/dismissal.” Among what was resolved in brief lines by the Supreme Court we can rescue:

by María Paola Trigiani and Gabriela R. León

That the periodic capitalization of interest ordered by the National Chamber of Labor (CNAT) implies a departure from the rule of art 770 CCyCN, that interest is not owed on interest. That ACTA 2674 implies a disproportionate patrimonial consequence and unjust enrichment. That the capitalization of the CCyCN in its art 770 section b) provides for the accumulation from the date of notification of the demand, only once. That the weighing of economic reality for legitimate compensation must be taken into account when setting interests. Likewise, we remember that ACTA 2674 of the CNAT that motivated the aforementioned ruling provided that interest with annual capitalization of these be applied to firm labor credits, within the scope of the National Justice, from the date of notification of demand until effective payment. .

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