Por otro tipo de reclamo o litigio consultenos
If I have suffered unreasonable increases in my Prepaga fee, what do I need to do to file an injunction to try to suspend those increases?
DNI (of the holder and his/her family group)
Membership card (of the member and his/her family group)
Disability certificate (if possessed by the member or a member of his/her family group).
Medical certificates (if any of them has any pathology)
Last pension receipt (if you are receiving it).
Last bill prior to the increases, and all subsequent bills with increases.
Notification of increases
Claims made and their answers
If I was disenrolled by my prepaga, what do I need to do to file an amparo for reaffiliation?
DNI (of the holder and his/her family group)
Membership card (of the member and his/her family group)
Disability certificate (if possessed by the member or a member of his/her family group).
Medical certificates (if any of them has any pathology)
Last pension receipt (if you are receiving it).
Last prepaid prepaid bill
Notification of disaffiliation
Claims made and their answers
If my health insurance company informed me that I will be transferred to PAMI when I reach retirement age, what do I need to do to file an Amparo to keep my membership?
DNI (of the holder and his/her family group)
Membership card (of the member and his/her family group)
Disability certificate (if possessed by the member or a member of his/her family group).
Medical certificates (if any of them has any pathology)
Last receipt of retirement pension (if you are receiving it).
Proof of up to date payment of social security contributions
Notification of the transfer
Claims made and their answers
Can I claim drug coverage for Rare Diseases?
Yes, it can be claimed. To do so, you need:
DNI of the patient (if minor, also the DNI of the father or mother).
Birth certificate (if the patient is a minor)
Membership card of the social security or prepaid health insurance company.
Proof of current payment of the social security or prepaid health insurance company.
Medical order for the medication to be claimed
Claims made and their answers
Are there specific laws that protect those with certain pathologies or conditions?
Yes, there are several laws that provide for the coverage of the health needs of patients with certain conditions or pathologies (diabetes, autism, celiac disease, etc.), which allows them to claim their coverage from the social security and prepaid health insurance companies.
If I paid for a medication or treatment ordered by my doctor, can I claim reimbursement in court? How do I proceed?
To claim the reimbursement or recovery of what has been spent, the following is required:
Patient's ID card (if a minor, also the parent's ID card).
Birth certificate (if the patient is a minor)
Affiliation card to the social security or prepaid health insurance company.
Disability certificate of the patient (if he/she has one).
Proof of payment up to date of the social security or prepaid health insurance company
Medical order for the benefits
Invoices for the payment of benefits
Claims made and their answers
What do I need to do to file an Amparo for lack of disability medical benefits coverage?
Certificate of disability
Patient's ID card (if minor, also parent's ID card)
Birth certificate (if minor)
Membership card to the social security or prepaid health insurance company
Proof of current payment of the social security or prepaid health insurance company
Medical order of the benefits to be claimed
Claims made and their answers
What can a person with a disability do if an institution or consortium denies or hinders accessibility to the physical environment?
You can file an Amparo to request the judge to guarantee this right (ordering the corresponding building adaptations).
To do so, you need
Certificate of disability
ID of the person (if the person is a minor, also the parent's ID).
Birth certificate (if the person is a minor)
Title deed of the property in question (if residing in a building). Or proof of student or worker if it is about accessibility to an educational or work institution.
Complaints made and their answers.
Plans, photographs or notarial or architectural proofs, if any.
Can I claim reinstatement if I was fired because of my disability?
If the dismissal was discriminatory, because of the disability, you could claim compensation or reinstatement.
To do so, you need:
Disability certificate
DNI
Worker's certificate and/or last paycheck stub.
Claims made and their answers.
Two or more witnesses of legal age, not relatives.
What are the requirements to initiate the process of determining the capacity of a person?
Disability certificate
DNI
DNI of the person initiating the claim.
Proof of relationship with the corresponding certificate (birth certificate, marriage certificate, etc.)
Medical certificates showing the person's condition.
If the person receives a retirement pension, the last receipt of payment.
Proof or denounce the assets owned.
In which cases should a conservatorship be used?
A guardianship of a person could be requested only if he/she has:
A total impossibility to interact with his or her environment.
A total impossibility to express his or her will, and
The support system is ineffective.
Those of us who travel by air frequently encounter abrupt flight cancellations or rescheduling, missed schedules or even lost luggage, which not only cause us considerable economic damage (in some cases even loss of chance and loss of earnings), but also a series of complications and suffering in our state of mind that constitute a clear moral damage.
These irregular procedures, which affect our right to dispose of our time, are often accompanied by a lack of adequate advance notice of these events, as well as a lack of restraint once they have occurred.
This is despite the fact that commercial aviation is an essential service where the carrier, except in cases of force majeure, must comply with the schedules and itineraries published and indicated in the contract, and is liable for damages resulting from both delays and cancellation of the trip.
Formal cancellation of a flight in an untimely and unjustified manner constitutes a breach of contract..
Faced with this increasingly frequent scenario, which also occurs in maritime transport (as is typically the case with cruise ships), the law gives us the possibility of claiming for damages suffered, and there are numerous precedents in our courts that certify this.
Gardenal Abogados has the knowledge and experience to deal with this type of breach of contract, advising and sponsoring the client throughout the legal action that is initiated.
If you are a victim of this type of behaviour, do not hesitate to contact us.
What documentation is required to initiate a legal claim for the cancellation or postponement of air or cruise travel, or for lost or damaged baggage?
ID cards of the passengers to be claimed.
In the case of having travelled with children, their marriage and birth certificates.
If any of the claimants has a disability, their disability certificate.
Reservations, tickets and boarding passes.
Invoice for payment of tickets, or statement of the credit or debit card used to pay for them.
Invoices for expenses incurred as a result of cancellation, rescheduling, etc. (for accommodation, meals, transport, tickets to return on another airline, etc.).
Complaints made to administrative bodies, or in complaint books.
Any other document that you consider of interest (once the case has been taken, the Firm may ask you for other instruments that may be necessary).
What do I need to do to legally register a marriage celebrated abroad in Argentina?
Resulta muy frecuente que, al acudir al Consulado Italiano a tramitar la ciudadanía italiana, se detecten al revisar las partidas nacionales que presentás distintos errores en nombres, apellidos, nacionalidades, edades, fechas, lugares o estados civiles, entre otros.
Esos errores detienen el trámite de la ciudadanía, obligándote a corregirlos por la vía judicial.
Si te encontrás frente a ese contratiempo, no dudes en consultarnos. Estamos capacitados para iniciar la correspondiente Información Sumaria ante la Justicia Nacional en lo Civil y permitirte rectificar los mencionados defectos, para poder luego retomar con normalidad los trámites de tu ciudadanía.
Lo mismo podemos hacer si te hallás tramitando cualquier otra ciudadanía extranjera
In which cases can I change my name or surname in court?
Provided there are ‘just grounds’. In other words:
For reasons of gender identity
For cultural, ethnic or religious reasons
Or when my name affects my personality
What do I need to do to legally register a marriage celebrated abroad in Argentina?
Original marriage certificate, apostilled or legalised by the Argentine Consulate in the country of origin
If the certificate is in another language, it should be translated by a certified translator registered in the CABA, and the translation should be legalised by the Colegio de TraductoresBirth certificates of the spouses, apostilled or legalised, and translated if necessary.
What do I need to register a foreign divorce in Argentina?
Original marriage certificate, apostilled or legalised by the Argentine Consulate in the country of origin
If the certificate is in another language, it should be translated by a public translator registered in the CABA, and have the translation legalised by the Colegio de Traductores
Original divorce decree, apostilled or legalised, and if necessary translated
Birth certificates of the spouses, apostilled or legalised, and if necessary translated.
What do I need to do to legally register an adoption in Argentina that has taken place abroad?
If the original birth certificate of the adopted person, apostilled or legalised by the Argentine Consulate in the country of originIf the birth certificate is in another language, it should be translated by a public translator registered in the CABA, and the translation should be legalised by the Translators' Association
Original adoption decree, apostilled or legalised, and if necessary translated.
How do I proceed if I have to rectify judicial rectifications of entries drawn up in Argentina?
For reasons of study, work, permanent emigration or simply to enjoy the experience of living abroad for some time, every year there are many Argentines who, due to blood ties that link them to foreign ancestors, decide to apply for citizenship of other countries, with Italian citizenship standing out in number.
In view of this need, it is necessary to present the certificates issued in Argentina, without errors and, if there are any, they must be rectified judicially as a first step. In such cases, you can contact us with the certificate to be rectified, and providing the evidence that will allow us to detect the error and request the judge to rectify it.
If you have foreign certificates, they should be accompanied with an apostille or legalised by the Argentine Consulate in the country of origin (except Italian certificates), translated by a public translator registered in the CABA, and have the translation legalised at the Colegio de Traductores (Translators' Association).
Can I adopt my spouse's children?
Yes, it can. It is known as ‘integrative adoption’ and is a more expeditious process than other adoptions.
Original marriage certificate, apostilled or legalised by the Argentine Consulate in the country of origin
If the certificate is in another language, it should be translated by a certified translator registered in the CABA, and the translation should be legalised by the Colegio de TraductoresBirth certificates of the spouses, apostilled or legalised, and translated if necessary.