The First Chamber of the Second Court of Appeals of La Plata, in the case entitled "BATISTA DANTE FEDERICO LEONEL VS. CARABAJAL SERGIO EZEQUIEL AND OTHERS S/DAMAGES AND AUTO PERJ. VS. INJURIES OR DEATH [file 113551/J] ordered the payment of the funds frozen in the bank to the plaintiff, reserving for compliance with art. 21 of law 6716 and costs only one third of what was received in the form of lost profits, given that compensation for psychophysical damages cannot be used as a guarantee for the costs incurred by the process, not even in the portion mentioned in art. 84 CPCC (one third of what was received) since its application must be assessed in harmony with the provisions of article 744 paragraph f CCCN. For the same reasons, its collection could not be postponed -except for the amount corresponding to lost profits- based on the provisions of Article 21 of Law 6716, especially when it involves the repair of a major disability suffered more than twelve (12) years ago, and the position taken implies adding much more time to its perception (with the funds immobilized in the bank). DOWNLOAD THE FULL RULING