Corporate case law

Adrocar S.A. c/ Sevel Argentina S.A. y Círculo de Inversores S.A. s/ ordinario (National Commercial Court of Appeals, Chamber B, 17/10/2003)

Characterization of an account between merchants, its accounting, and the applicable limitation periods. The Commercial Court of Appeals distinguished a mercantile current account from ordinary management accounts by focusing on the parties’ actual course of dealing rather than on the label they used.

CNCom., Sala B17/10/2003

Case caption

«Adrocar S.A. c/ Sevel Argentina S.A. y Círculo de Inversores S.A. s/ ordinario»

What was at issue

Characterization of an account between merchants, its accounting, and the applicable limitation periods.

What was decided

The Commercial Court of Appeals distinguished a mercantile current account from ordinary management accounts by focusing on the parties’ actual course of dealing rather than on the label they used.

Extractable criterion

The Commercial Court of Appeals distinguished a mercantile current account from ordinary management accounts by focusing on the parties’ actual course of dealing rather than on the label they used.
The holding should be read in light of the legal interest protected in the area of mercantile current accounts, not solely by reference to the documentary form of the act.
Evidence of the specific facts and of their impact on corporate or creditor rights is decisive when applying the precedent’s doctrine to another case.

Citation: CNCom., Sala B, «Adrocar S.A. c/ Sevel Argentina S.A. y Círculo de Inversores S.A. s/ ordinario», 17/10/2003 — Jurisprudencia societaria y comercial

Practical application

It is useful for claims involving account balances, reciprocal settlements, and limitation periods.

Frequently asked questions

What is the main takeaway from the case?

The Commercial Court of Appeals distinguished a mercantile current account from ordinary management accounts by focusing on the parties’ actual course of dealing rather than on the label they used.

Does the rule apply automatically today?

No. The current statutory framework and the specific facts must be verified. Historical precedents retain doctrinal value, but later reforms may alter how they apply.

What should be proven in similar litigation?

The relevant corporate or commercial documentation, the parties’ conduct, the specific harm, and the facts connecting that harm to the central issue in the case: Characterization of an account between merchants, its accounting, and the applicable limitation periods.

Informational commentary on a published ruling; it does not constitute advice nor guarantee an outcome. Application to a case depends on its circumstances.

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