Friday, July 30, 2010

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And if it happened in Argentina ?.... would we ?.........( Dr. Bilbao Benitez)

This news I bring, and I want to share with you. is to reflect on police cases, by being immersed in the daily struggle of Neanderthal evolution of law in our country we go unnoticed, and made me think that if a case like this to happen in our country, which would act ,.... Research Unit ? Given that the case remains a mystery Belsunce ....., there are people who committed suicide by hanging himself also, etc, etc ....

serial murderer arrested in USA cats

maul The teenager accused of more than a dozen cats in southern Miami-Dade was not the murderer reserved and angry that some expected. It was funny in its class, dog lover, swimming instructor, a boy of 18 who had grown up in the eyes of the families of its victims cat.

He was horrified at the terrible mutilations and enrolled in the group''Catch the Killer Kat! "Of Facebook.
But police said they were not fooled, and argues that social networks Weinman Tyler Hayes drove him to it. Weinman was arrested Sunday by the deaths of 19 cats.
The bail hearing was postponed until the young man on Monday because his lawyer was not present because the arrest warrant Weinman, which had been sealed by a judge previously, was not in the record.
Former senior from Miami Palmetto High School divided his time between his parents divorced, living in Palmetto Bay and Cutler Bay, respectively, where the killings occurred. The police, based on tips received in the community and read their pages on Facebook and MySpace, Weinman was watching for weeks.
On Saturday night he attended a party at Kevin's house in Coral Gables Corona. At about midnight, investigators thoroughly searched his mother's house. Around 12:30 am, two men in civilian shirts and jeans came home to Corona and asked for Weinman. Then they escorted him out quietly.
"Enjoy your party," Corona recalled that he told one of them. The men were police.
Sunday at 1:23 pm Weinman was detained at Turner Guilford Knight Correctional Center and was set bail at $ 154.500.
When it came time to photograph it as part of the arrest, Weinman, of elegant appearance, half smiled.
He was charged with 19 counts of first-degree cruelty to animals, 19 counts of improperly disposing of animal carcasses and four counts of burglary.
Each of the charges of first degree carries a mandatory fine of $ 5,000, six months in jail and undergo psychological treatment.
Weinman's lawyer, David Macey, said his client is innocent. On Sunday it was not possible to contact parents, Alba, and Douglas, for comment. Politicians and police
harshly criticized the suspect.
Katy Sorenson, County Commissioner Miami-Dade, which represents the wing area, called it "twisted and depraved, someone who is not a normal human being."
"Fortunately for this community," said Sorenson, "since the terror is over."
Palmetto Bay Mayor Eugene Flinn, said it is difficult to imagine a reason:''No can explain the behavior of a person capable of something so heinous. "
deaths of 15 other cats in the area have not been explained until now because the police could not link them Weinman. Some of these cats, or all could have died from attacks by dogs, according to authorities.
Julie Miller's agent, the Miami-Dade Police said the investigation was still ongoing and could be extended to other jurisdictions.
Police said Weinman aa gutted some of the cats and left them in the garden of the house owners.

* BY JOSE PAGLIERY, ANDREA Asuaje AND ROBERT SAMUELS (Miami Herald)

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Same here, but it happened in Greece .- (Dr. Bilbao Benitez Aldo) DECLARATION OF HEIRS

To the critics, and rightly so, methods of security prison in Argentina, this news surely must be taken into account when considering that in the old continent has more civilitud .....
Looking to convicts who escaped from prison by helicopter.


February 24, 2009 (Source: CTST - 9 - police cases)
Greek police on Monday raked in rural areas looking for two convicts who escaped from a prison in a helicopter, for the second time in three years, causing consternation among the authorities, who had promised improve security measures.

addition to searching for the escapees, police on Monday arrested four prison guards and the helicopter pilot.
Three senior Greek officials were also dismissed following the collapse of security in the prison and the justice minister demanded an investigation into the bank accounts of all the guards working in the area where prisoners were convicted.
Vassilis Paleokostas, 42, a bank robber who is also one of the most famous convicted of Greece, and Alketas Rizaj, 34, were picked up by the helicopter that flew over the prison yard Athens Korydallos.
The prisoners entered the aircraft after climbing a rope ladder thrown by a passenger, said the Justice Department.
The guards shot and the woman said the fire with an automatic rifle. No one was injured.
Three years ago, and Rizaj Paleokostas escaped the same prison with the same procedure .
Rizaj Paleokostas and should have appeared on Monday before a judge in connection with its previous flight by helicopter, June 4, 2006. This operation was concocted by Paleokostas older brother, Nikos, a convicted felon who escaped the same prison in 1990. Paleokostas
was a fugitive for more than two years until it was recaptured in August 2008. It is believed that during this period, hatched the kidnapping in June 2008, the Greek businessman Giorgos Mylonas, who was in captivity 13 days, until his family paid ransom.
Justice Minister Nikos Dendia threw a chief security prisons, the inspector general of prisons and the director of the Korydallos prison.
A ministry official, who requested anonymity, said they are investigating bank accounts of prison guards as it is believed that Paleokostas is hidden somewhere five million euros, part of the bailout would have been paid by Mylonas.

Saturday, July 17, 2010

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For the DR. ALEJANDRO CABRAL (Appointed Lawyer and Professor at the Faculty of Law, UNR)

Since some issues we have been addressing the extensive, rich, generous and passionate, the latter is very personal issues that revolve around inheritance.

Today we look at the Institute of declaration of heirship. It has happened many times for different procedures, with the death of a person, we have been asked to present Declaration of Heirs for the purpose of enforcing rights.
However, it is worth asking, a Declaration of Heirs, that is, who can promote it, what is your content, so that serves, its scope and many more questions that do not list in honor shortly.
That is a declaration of heirship
The author of the Argentine Civil Code (CEC) Dalmacio Velez Sarsfield never referred to the Declaration of Heirs. Can not but be struck by the omission of such an important institution and legal force in our lives. It is only with the Reformation to our Civil Code, Art. 3430, where a mere mention is made secondary and casual.
Dr. Fassi argues that the Declaration of Heirs is the "judicial pronouncement by which recognizes the legitimate heirs."
It is ultimately a decision declarative, res judicata does not, therefore, merely stating who have proved their right to inherit and is issued without prejudice to third parties.
In contrast to the judgments rendered TRIALS IN DISPUTES, making res judicata between the parties and do not harm others, the order of declaration does not res judicata between the parties and instead is valid for others.
It should be mentioned that the fact that an heir to the estate or intervene in probate proceedings, and consents to the Declaration, does not stop right then discuss who has been taken as heir.
Who can promote a Declaration of Heirs. The
can promote: 1) The spouse, heirs and legatees (Legatee: the person through a donation made in a will, you will be transferred to the beneficiary rights are proprietary in nature or exceptions on particular objects), 2) The executor (the person designated by the testator to enforce its provisions of last will. It's called executor or executors), 3) The creditors of the heirs or the estate, 4) The Board of Education, 5) all in succession with a right declared by law.
The Code of Civil and Commercial Santa Fe (CPCCSF), divided into two stages, the universal view of succession, the first refers to the Declaration of Heirs, its purpose is to ascertain who have a vocation succession. And the second is the actual probate, it refers to the Inventory, Assessment and Partition, its purpose is to determine the assets of his estate and its value, culminating in the award. Justification
link, recognition of heirs. Effects.
Preliminary Proceedings.
The declaration of heirship must be requested by checking the author's death and the accompanying documents relating to title or offering justify cited at the appropriate time (art.591 CPCCSF).
is, to proceed to the initiation of probate proceedings, the key is to accompany the death certificate. The elsewhere (eg marriage, birth) are needed before the Writ of Declaration issued, but need not accompany the beginning of the process, may be later. Process Completion

The judge proceeded to issue an order for Declaration of Heirs, part of which is broadly worded as "RESOLVE: To declare, as of right place and without prejudice to any third party, that the death of "X", will take place as heirs ... "
We should clarify that in our province, whether legitimate or testamentary succession is always required the declaration of Hereders.
Actions the Crown - Heritage Action Request
civilian Leading Zanoni, argues that we know that the death of the heirs may outlive current vocation and eventual vocation. For example, the deceased may have left children and his brothers also survive him simultaneously. The latter form the order of the collateral and are excluded by them. It can also happen that the deceased has left one or more children not voluntarily recognized that, to the death of his alleged father or mother, trying to claim a share of paternity ... What if that child is not recognized triumph in action claim of descent, and then pretend to go to the succession with other children of the deceased? What if in conflict with the testamentary heirs of the deceased brothers derived their preferential call will?
may be that those who have hitherto enjoyed the hereditary title, acquiesced to it. In this case the conflict is resolved by changing the declaration of heirship, if any, or simply recognizing the right of first refusal of the pretensioner. But it may happen that those who enjoy the hereditary possession of the title of heir to the petitioner refuses to acknowledge his preferred vocation or concurrently, in this case will raise the need for action. This action is called Heritage Action Request, still says Dr. Zanoni.
Specifically, Heritage Action Request is action, under which, he felt entitled to his estate in his capacity as heirs of the deceased, claims of those who, invoking the same quality has come into possession of assets of the estate, the delivery thereof. Where a defendant alleges
hereditary title to justify its detainer of the property of the estate, and unknown as an heir to the plaintiff, the action proceeds as aforementioned so-called Request for Heritage. Effects
Action Request Heritage
The object of the action to recover the assets of the estate who were in the possession of another, on the basis of recognition as an heir. If the actor succeeds in its claim, the holder of the estate must give it "with all inherited objects that are in power, with accessories and enhancements they have received, even by the fact of the holder" (art. 3425 CCA).
The Heritage Action Request the heir must prove that they are heir.
Finally it should be clear that the declaration of heirship, is a prerequisite for any kind of inheritance: no forced or forced legitimate and wills.
Thus, in very general features and to understand the common people, we can write some lines about the Declaration of Heirs, which as we have stated in this article, is a legal institution of such importance and usefulness in the legal life.