Summun Ius: Jurisprudencia: Contrato del Constructor, Títulos Supletorios. Tratamiento

Jurisprudencia: Contrato del Constructor, Títulos Supletorios. Tratamiento

Sala: de Casación Civil

Tipo de Recurso: Nulidad y Casación

Sentencia N° RNYC. 000378 Fecha: 14-08-2019

Caso: la parte demandada anunció recurso de casación MARÍA ROSALÍA VALERO BERRÍOS y JOSÉ GREGORIO HURTADO SERRANO contra MARINA RONDÓN DE SANTIAGO. "la Superioridad no se pronunció sobre un punto debatido y no resuelto como ¿A quién le corresponde las bienhechurías?" "vicio delatado por defecto le actividad, al declarar parcialmente con lugar el presente juicio…"

D E C I S I Ó N

Por las razones expuestas, este Tribunal Supremo de Justicia de la República Bolivariana de Venezuela, en Sala de Casación Civil, administrando justicia en nombre de la República y por autoridad de la ley, declara: PRIMERO: CON LUGAR el recurso de casación formalizado por la parte demandada ciudadana MARÍA VALERO BERRÍOS contra la sentencia de fecha 12 de enero de 2018, dictada por el. Tribunal Superior Segundo Accidental en lo Civil, Mercantil y del Tránsito del Circuito Judicial Civil de la Circunscripción Judicial del estado Barinas.SEGUNDO: En consecuencia, se declara INADMISIBLE la presente demanda. TERCERO: Se ANULA el auto de admisión fecha 18 de julio de 2011, así como todas las actuaciones subsiguientes, a dicho auto.

Fuente: http://historico.tsj.gob.ve/decisiones/scc/agosto/307094-RNYC.000378-14819-2019-18-314.HTML

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