La dudosa legitimación de las resoluciones generales de la Inspección General de Justicia.

Abstract

In this essay, the validity of IGJ Resolutions N° 7/03 and N° 8/03 is analized in the light of the delegation of functions made in favor of such body by virtue of Act 22.315. The author states that said resolutions are unconstitutional, since they depart from the frame set by the legislative delegation, by means of which the IGJ is only authorised to control business transaction of foreign corporations provided that they carry out habitual acts within the country. Therefore, the habituality requirement is being systematically set aside, distorting the legally established permission for said body to supervise corporations’ activities. Besides, legislative, as well as case law evolution related to the subject throughout the century is also studied, laying special emphasis on the paradygmatic case entitled “Inspección general de Justicia v. Frinet”