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Nulidad de acto jurídico

Nulidad de acto jurídico

 

La demanda de nulidad de un acto jurídico debe ser dirigida contra todos los intervinientes en el acto impugnado o contra los que deriven su derecho de aquéllos.

 

Casación 297-95

 

AYACUCHO

 

Lima, dieciocho de julio de

mil novecientos noventiséis.-

 

La Sala Civil de la Corte Suprema de Justicia, en la causa vista en audiencia pública el diecisiete de julio del año en curso, emite la siguiente sentencia; teniendo a la vista los acompañados:

 

1. MATERIA DEL RECURSO: Se trata del recurso de casación interpuesto por doña Mercedes Vásquez Fajardo Viuda de Del Villar, contra la sentencia de fojas trescientos siete, su fecha primero de marzo de mil novecientos noventicinco, expedida por la Segunda Sala Mixta de la Corte Superior de Ayacucho, que confirmando la apelada de fojas doscientos setentiuno, declara infundada la demanda acumulada, así como la reconvención e inadmisibles las apelaciones formuladas en el acta.

 

2. FUNDAMENTO DEL RECURSO: La demandante doña Mercedes Vásquez Fajardo Viuda de Del Villar sustenta su recurso en la aplicación indebida al caso del artículo trescientos veintiséis del Código Civil al no poder existir una sociedad de hecho por existencia de impedimento, cual es, el matrimonio previo con la actora y la inaplicación del artículo trescientos quince del mismo Código relativo a su falta de intervención en la compra venta.

 

3. CONSIDERANDO:

Primero: Que, sólo dan lugar a la sociedad de bienes a que se refiere el artículo trescientos veintiséis del Código Civil la unión de hecho entre dos personas sin impedimento matrimonial.

 

Segundo: Que, en el caso de litis resulta evidente que no podía existir una sociedad de hecho entre don Ernesto Del Villar Pérez y doña Olimpia Pillaca por estar el primero previamente casado con la recurrente.

 

Tercero: Que, hecha la presente aclaración en la motivación conforme al artículo trescientos noventisiete del Código Procesal Civil corresponde resolver conforme al inciso primero del artículo trescientos noventiséis del Código Procesal Civil.

 

Cuarto: Que, atendiendo que la demanda de fojas diez no ha sido dirigida contra los sucesores de don Ernesto Del Villar Pérez, interviniente en la Compra Venta cuya Nulidad se solicita, y que la misma ha debido ser dirigida contra todos sus intervinientes o contra los que deriven su derecho de estos, es necesario declarar la inadmisibilidad de la demanda conforme al inciso tercero del artículo cuatrocientos veintiséis del Código Procesal Civil.

 

4. SENTENCIA:

Estando a las conclusiones a las que se arriba se declara FUNDADO el recurso de casación interpuesto por doña Mercedes Vásquez Fajardo Viuda de Del Villar, contra la sentencia de fojas trescientos siete, su fecha primero de marzo de mil novecientos noventicinco, expedida por la Segunda Sala Mixta de la Corte Superior de Ayacucho, que confirmando la apelada de fojas doscientos sesentiuno, declara infundada la demanda acumulada, así como la reconvención e inadmisibles las apelaciones formuladas en el acta de fojas ciento setentidós, en consecuencia, CASAR la referida resolución; declararon NULA la recurrida, INSUBSISTENTE la apelada, NULO todo lo actuado e INADMISIBLE la demanda; MANDARON se publique la presente resolución en el Diario Oficial «El Peruano, bajo responsabilidad; en los seguidos por Mercedes Vásquez Fajardo Viuda de Del Villar con Rosa Georgina Del Villar Pillaca y otros sobre nulidad de contrato de compraventa y otros conceptos; y los devolvieron.-

 

SS. RONCALLA

ROMAN

REYES

VASQUEZ

ECHEVARRIA.

María Julia Pisconti D., Secretaria.

 

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