Buenos Aires, Dec 3 (NA) – The Buenos Aires Superior Court of Justice partially overturned a ruling by the National Chamber of Civil Law and set that in value-based obligations, a pure rate should be applied from the time of the harm until the quantification of the damage. According to information from the Argentine News Agency, the TSJ thus confirmed the doctrine of the Supreme Court in the 'Barrientos' case (Fallos 347:1446), stating that the pure rate does not include inflation or monetary depreciation. The ruling was issued in the case 'Paraná S.A. de Seguros s/ complaint for denial of unconstitutionality appeal (civil) in Luna Jorge c/ Álvarez Marcelo Fabián s/ damages and compensation', in which the Court partially granted the complaint and the motion of the insurance company. The ruling annulled the application of the active rate of the National Bank from the date of the event until the first-instance judgment, maintaining the 8% annual pure rate set in the first instance, which had been consented to by the appellant party. The Court, by majority, held that Article 768 of the Civil and Commercial Code governs only for obligations to give money and applies from the monetary quantification of the damage, as before that moment it is an obligation of value.
