I am a tenant and the owner wants to evict me
The affected owners promoted an incident of execution of judgment requesting that, before proceeding with the demolition of the dwellings, the provision of sufficient guarantees to respond to the payment of the indemnities corresponding to them was required as a prior condition, being issued Order of June 28, 2017, agreeing to establish in 360,000 euros the amount whose payment as compensation to the owners must be guaranteed by the City Council of A Guarda before proceeding with the demolition agreed in the judgment of November 25, 1999.
Not satisfied with the content of the aforementioned Order, the City Council of A Guarda filed an appeal in cassation before the Supreme Court, being admitted by Order of January 8, 2019 and, finally, resolved by Judgment dated October 7, 2019, which we now analyze.
The Supreme Court, again interpreting Article 108.3 of the LRJCA, understands that the appeal filed by the City Council of Pontevedra has objective appeal interest which consists “in determining the possible extension of the objective scope of application of Article 108. 3 of the LJCA not only to the works carried out under the protection of an annulled license, but also to the works carried out without a license”, as well as, “whether the requirement of sufficient guarantees referred to in the precept is applicable not only to the Administration but also to third parties such as the promoters of the works to be demolished, and if so, whether it is in isolation or jointly with the Administration, jointly and severally or subsidiarily, specifying also how this requirement should be substantiated procedurally”.
My landlord wants to sell the house
RulingsShareI do not shareRulingsLaw 21,122; Meaning and scope; Contract for work or work site; Stages or tasks of a work; Successive hiring; Unreasonableness; Permanent work; Particular analysis; Holiday; Proportional holiday; Deferred payment; Notice of termination of contract; Compensation; Basis of calculation; Non-remunerative nature. ORD No. 954/915-mar-2019Fixes sense and scope of Law No 21.122, published in the Official Gazette of 28.11.2018, which amends the Labor Code in Matters of Employment Contract for Work or Work Site.ORD No. 954/9Law 21. 122; Meaning and scope; Contract for work or work site; Stages or tasks of a work; Successive hiring; Unreasonableness; Permanent work; Particular analysis; Holiday; Proportional holiday; Deferred payment; Communication of termination of contract; Compensation; Basis of calculation; Non-remunerative nature.
For the needs of the Service, it has been deemed appropriate to establish the meaning and scope of Law No. 21,122, published in the Official Gazette of November 28, 2018, which “Amends the Labor Code in Matters of Employment Contracts for Work or Work Site”, without prejudice to the doctrine that will be generated after its entry into force, in relation to specific or concrete situations that are submitted to the knowledge and resolution of this Service.
Indemnity to tenant for sale of the building
This insurance covered what is known as “indemnity for death” which is provided for in Law 20,744 of Labor Contract which establishes in Article 248 “On the termination of the employment contract due to the death of the employee” that in case of death of the employee, his successors-in-interest shall be entitled, by only proving the relationship, to receive an indemnity equal to that provided for in Article 247 of such law.
The law also clarifies that this indemnity is independent of the indemnity granted to the worker’s successors under the work accident law, and of any other benefit granted to them by law, collective bargaining agreements, insurance, acts or welfare contracts due to the death of the worker.
As from the enactment of the Collective Labor Agreement 589/2010, the contribution to be made by the consortia to FATERYH (Argentine Federation of Building and Horizontal Workers) was increased by 0.5%. With this increase, new social coverage for employees was incorporated, which is established in article 27, including the one we are dealing with.
Can a tenant refuse to show the dwelling?
In this chapter we will deal with everything related to the essence of insurance: indemnity, the purpose for which a policy is contracted. Starting from the way in which a loss impacts us, we will analyze what the indemnity itself is and the way to claim and we will review the circumstances related to the indemnity amount.
– The insured interest: it is the object of the contract59 and represents the patrimony of a person who may be affected, directly or indirectly, by the occurrence of the risk affecting the insured thing60.
– The insured thing: this is the object of the insured interest and as such may be insured by several persons if their patrimony may be affected by a loss. In this respect, we note that, for example, in a mortgage the insurable interest may be less than the value of the insured thing.
The valuation of the loss and the consequent establishment of the indemnity depend on the management previously made by the insured when contracting the insurance and fixing the corresponding insured sums. By fixing the values below the real ones, he is acting negligently and endangering his patrimony since the insurers accept in good faith these conditions since it is impossible for them to verify their veracity due to different practical difficulties.