1. DEFINITION
1.1. OPINION OF JOSÉ LEON BARANDIARAN
For José LEON BARANDIARAN the credit is:
"Power to demand compliance with an obligation to give, do or not do."
From this definition it can be concluded or warned that collection would be a faculty, with which we do not entirely agree, because some opportunities the creditor is in the obligation to collect, and if he does not do so, third parties with legitimate interest they can do it, in front of which the referral cannot do anything.
Another important topic of this definition is that the obligations that are contracted with the credit, can be of different types, thus for example they can be to give, to do or not to do, that is to say, it does not only consist of obligations to give, but they can be other types, classes or varieties of obligations.
In addition, it must be specified that compliance with the obligation can be demanded not only judicially, but also extrajudicially, for example protesting a bill of exchange, or by fax, email, telephone, among many other means or forms, which are quite well known. by the expert recovery lawyers, which constitutes an important specialty in law.
1.2. OPINION OF ANGEL GUSTAVO CORNEJO
Angel Gustavo CORNEJO maintains that:
"The word" credit "includes not only the right to collect a sum of money, but any right or action against a third party."
That is, from this definition it can be concluded that the collection can not only be for a sum or amount of money, but also for another asset, that is, it can be any corporal or incorporeal, movable or immovable property, registered or unregistered, registrable or non-registrable, among other types or varieties or classes of goods, and also refers to action, in such sense, within the goods it can be the case of a house, land, apartment, stadium, swimming pool, table, chair, desk, pen, eraser, among many others, and within the rights, any right or action may be referred to, for example, when the fulfillment of a real right of usufruct, or use, or habitation, concession, lease, is demanded, option contract, leasing, among many other types or classes of subjective rights,of which we have not only cited real rights, but we have also cited other types of rights, which are personal rights, which are better known as contracts, which may be located within civil law or within other branches of law or legal disciplines.
1.3. LUDWIG VON MISSES REVIEW
On the other hand Ludwig VON MISSES indicates referring to the credit that is:
"Exchange of a present good or service for a future good or service".
From this definition, it can be concluded that if a person borrows a table, he cannot pay with the same table, but must be with another, which generates a series of problems to the right, in this sense, if a car is lent, You can pay with the same car, but you have to pay with another, that is, it is a problem, which places the law in an instrument so that people have problems, or are involved in them.
That is, article 1648 of the 1984 Peruvian civil code must be replaced, in order to allow the same good to be returned, for example in the case that a thoroughbred horse is lent, it is clear that another cannot be returned, but return it.
However, this cited article can work very well in the case of money loans, but this is not the only good that can be lent, but there are also other assets that can be the subject of credit, which determines that it is a legal institution, economic, political, sociological, among others, which must be studied in a quite careful way, in order to know, learn and disseminate its main aspects in an environment in which it is necessary to renew many aspects of the doctrine, not only with new information, but also with analysis and criticism.
The cited article must be interpreted together with article 1656 of the same substantive Code, which regulates the term for the return, therefore, at the time of writing the cited legal norms, the necessary care has not been taken.
In other words, it seems that the authors of the aforementioned Code did not take the necessary care to write both articles, which consequently generates a series of interpretation problems.
1.4. ENNECCERUS OPINION
In addition ENNECCERUS the credit is:
"Right that corresponds to a person (the creditor), for the satisfaction of an interest worthy of protection that the first one has".
From this definition, it must be taken into account that credit is a right that can be exercised by the creditor, because the debtor is always obliged to fulfill his obligation, which consists of payment.
In this definition the term “right” is used, which is done but as a subjective right, and not as an objective right, and many explain these issues in the sense that the former must have as a legal basis or cause the latter.
The interests protected in the credit must be worthy of protection, for example, if a contract is concluded to commit a crime or a civil wrong, the fulfillment of this contract cannot be demanded, which generates a series of interpretations.
1.5. OPINION OF MIGUEL TORRES MENDEZ
Miguel TORRES MENDEZ specifies that the credit is the:
"Active part of the mandatory legal relationship. This relationship is the “credit-debt” relationship. The credit in this sense is the credit, the right of the creditor to demand the payment of the debt to his debtor; it is then, the debt not yet collected ”.
This definition turns out to be more extensive and consequently it is more detailed, therefore, we want to comment on it very carefully, hoping to contribute to legal doctrine.
The active part of the obligatory relationship is the creditor, while the passive part of the indicated one turns out to be the debtor and the mentioned relationship is the one existing between both parties.
Before every obligation, a right is present, and this is widely explained by specialists in the law of obligations, which is constituted as a branch of civil law, within which civil norms must be taken into account, being a of these, the 1984 Peruvian Civil Code, however, we must specify that the law is one of the 25 sources, parts, elements or components of the law.
It is necessary to record that in the mandatory relationship the credit is held by the creditor, while the debt is held by the debtor, that is, although it is true it is the same mandatory relationship, it is also true that each one has a different location, which consequently, different rights are held and different obligations are contracted.
In other words, if we are facing a paid credit, in such case there is no right to demand payment of the debt, but rather we would be facing a paid or canceled credit.
1.6. REVIEW OF GRAHAM BANNOCK, RE BAXTER AND RAY REES
For Graham BANNOCK, RE BAXTER and Ray REES the credit is:
"Granting the use or possession of goods and services without immediate payment."
This definition is important because it states that between the granting of credit and payment there must be a period of time, that is, they do not exist at the same time, and an example is when a car is lent for a period of 12 hours from eight In the morning there is a term until eight at night, and this term is not always 12 hours, but some opportunities it will be longer, while other opportunities the referred will be less.
In the credit not only the use can be granted, but also other real rights, for example, we can cite the case of the usufruct, stating that although it is true, both are real rights, it is also true that they turn out to be different, and in This sense contains different regulation in the 1984 Peruvian Civil Code.
Therefore, what is affirmed confirms that in one credit the use can be granted, while in another credit the usufruct can be granted, that is, to study the credit, one must also know, apply and dominate the real rights, among other issues..
It is necessary to record that possession and use are limited real rights, which are known by some as real rights over other people's assets, but it is also true that they constitute different rights.
Goods are different from services, therefore, these terms should not be used without distinction, and in this order of ideas it is necessary to define them and in this sense, we can affirm that within goods we can cite the case of a car or a horse, among other goods, while within the services we can cite the contract to draft a legal opinion or a legal opinion, or a jurisprudential opinion, legal report, legal report, jurisprudential report, among many other services, that is, this is headquarters to determine that this topic turns out to be quite broad in the study of law.
1.7. OPINION OF SIMÓN ANDRADE
Simón ANDRADE maintains that:
"The one who grants the credit is the creditor, and the one who receives it is the borrower."
From this definition it can be concluded that the creditor has the credit, while the debtor has the debt, and in any case the term "credited", turns out to be more appropriate to accounting, within which many technical terms are used, within of which we can cite the case of "debit" and "credit", which constitute accounting terms, which are widely studied and managed by accountants, who are accounting professionals, within which there are a series of specialties.
That is, the economic legal institution studied can not only be studied in law, but also in accounting, which constitute areas of knowledge with different content, and consequently provide different approaches, and if we study both it is evident that the knowledge obtained will be greater.
The relationship between the creditor and the borrower is the mandatory legal relationship, which is established with a fairly frequent relationship in law, therefore, we mention it, in order to motivate important studies within civil law, which is formed by different branches, some of them being the law of obligations and the law of contracts, which stand as important branches of civil law, located within private law, in which the agreement of parties or will has a wide margin of However, this aspect turns out to be little known by many lawyers, who generally have strictly legal knowledge.
1.8. OPINION OF THE CENTRAL RESERVE BANK
For the Central Reserve Bank the credit is:
“Any economic operation in which there is a promise of payment in exchange for some good, service or money, in the future. Credit, by relying on a future behavior of the debtor, runs a risk and adopts various forms of collateral ”.
The credit must take into account that there is a promise of payment, which is a vitally important issue in the study of law.
And we put on record that the payment is made after the conclusion of the credit, as we have previously specified, and broadly speaking we can affirm that if the credit is granted in 2010, it is likely that the payment will be made or will be made in 2011, that is, the following year, therefore, from the granting of the credit to the payment, there is one year in this case.
It is necessary to record that credit cards can present some problems that must be studied with great care, for example when a person makes deposits on his credit card that exceed his current debt, in this sense, he will have a balance of Please and you can make withdrawals of your own money, which is not a credit, but it is a withdrawal of money.
1.9. CARLOS MARX'S OPINION
Carlos MARX maintained that:
"You have an act of credit when the exchange lacks the simultaneity between the provision and the account for the provision of goods, money and services, a present economic benefit."
This author turns out to be quite well known in economics, which is separated from law only for study purposes.
In other words, it is complex for us to comment on it, which uses the term "exchange", and it is argued that there is a lack of simultaneity, for example, if you contract the credit in January you can pay in December, and this term can be greater or less, and in this sense, we can affirm that it can be hours.
In addition, it must be taken into account that credit can be from goods, money or services, and the second of those indicated, as it is by the way, has deserved few studies in law, but if it has been studied in finance, which constitutes a specialty within the economy.
Furthermore, it is stated that the credit is an act and at this headquarters we must clarify that this act to which it refers is a legal act, within which the contracts are located, which are plurilateral legal acts. For all of which we must clarify that the credit turns out to be properly a contract, which is known as a mutual contract, however, others call it a credit.
1.10. PERUVIAN CIVIL CODE OF 1984
Article 1648 of the 1984 Peruvian Civil Code, which is in force in Peruvian law, states that
"By the mutual, the mutual is obliged to deliver to the mutual a certain amount of money or consumable goods, in exchange for the return of others of the same kind, quality and quantity."
That is, according to this legal definition, it can be concluded that the mutual is different from credit and in any case the mutual must first occur and then the credit, however, both can occur at the same time, which shows that in Peruvian law This important legal issue is not widely disseminated.
According to this definition, the same good should not be returned but others of the same kind, quality and quantity, which causes a series of problems in contractual law, therefore, we are of the opinion that the article subject of comment should be replaced by effect of regulating the assumptions in which the same good is returned, for example in the case of the loan of a race horse, or a race horse or a pedigree dog, therefore, we must record that it cannot Drafting a code in a hasty way, but to write such a regulatory body requires a lot of care, and therefore it must be created with patience and with the time necessary for it.
1.11. PERUVIAN CIVIL CODE OF 1936
Article 1573 of the (supplement by Law No. 23327) of the Peruvian Civil Code of 1936 stated that
"By mutual a person gives to another a certain amount of money or things that are consumed by use with the obligation of the second to return another amount of the same kind and quality.
In the case of money loans with a term of not less than one year, the parties may agree in writing that the amount given in mutual and their balances be readjusted with the corresponding index in accordance with the provisions of article 1581 ”.
Regarding the first paragraph, we must record that the same error is made in the Peruvian civil code of 1984, therefore, we must record that another good is not always returned, but that some opportunities return the same good, for example in the vehicle loan case.
Therefore, the studied norm must be updated, in order to solve the problem created, by a legal norm that has not been drafted with due care, which constitutes a problem for economic agents, who operate with this rule that generates many problems and inconveniences.
1.12. COMMENTARY ON THE SPANISH CIVIL CODE
In the Spanish Civil Code of 1889, which is in force, it regulates jointly two types of loans, which are the following:
1) Commodity.
2) Simple loan.
This shows that this studied code contains a more adequate regulation for an important topic.
The loan is little studied in Peruvian law, and it is little used, which does not occur in the other contract, that is, the simple loan or credit is widely used, which is also known by another name, as is by the way the credit.
1.13. COMMENTARY ON THE PERUVIAN CIVIL CODE
The 1984 Peruvian Civil Code regulates the mutual and the loan, in a completely separate and autonomous way.
Which makes the interpretation in this case become too complex, because the information costs turn out to be too high, which covers or includes transaction costs, among many others.
1.14. JULIEN BONNECASE'S OPINION
For Julien BONNECASE the French Civil Code of 1804, which is known as the Napoleon Code, distinguishes three types of loans:
1. Use loan or loan;
2. Consumer or mutual loan; and
3. Mutual with interest ”.
This serves to understand that the loan is different from the mutual loan, and that the last one mentioned is of two classes, which are the following:
1. With interest.
2. Without interest.
1.15. COMFORT
Furthermore, article 1728 of the 1984 Peruvian Civil Code specifies that:
"By the loan, the borrower agrees to deliver a non-consumable good to the borrower free of charge, so that he can use it for a certain time or for a certain purpose and then return it."
Therefore, we can affirm that the mutual can be with interest or without interest, but the loan is always free.
1.16. ARGENTINE CIVIL CODE
Article 2240 of the Argentine Civil Code, known as the VELEZ Code, whose author was VELEZ SARSFIELD, states that:
"There will be a mutual or consumer loan, when one party delivers to the other a quantity of things that the latter is authorized to consume, returning in the agreed time, the same quantity of things of the same species and quality."
The substantive code studied, as is certainly the Argentine civil code, let's say that it takes care not to incur the drafting problem of its Peruvian counterpart, as is certainly the Peruvian civil code of 1984.
1.17. DIFFERENCES BETWEEN THE MUTUAL AND THE COMFORT
That is, there are differences between the mutual and the loan, which have been studied by the doctrine, in this sense, Max ARIAS SCHREIBER PEZET, Carlos CARDENAS QUIROS, Angela ARIAS SCHREIBER M. and Elvira MARTINEZ COCO (Exegesis. Volume I. Pag. 691. 2006. Gaceta Jurídica) stated that:
“The differences are noticeable. In the mutual, the loan refers to consumable and expendable goods, while the loan only applies to non-consumable and, where applicable, expendable property. Outside of this, the transfer of ownership of the property occurs in the mutual (Exegesis Volume II, update, page 284, article 1654), while in the use loan there is no such transfer and the borrower is obliged to return the same property that it received except for the abnormal cases in which it has been lost or destroyed ”.
Difference that must be studied fairly carefully in order to allow more appropriate knowledge and learning for these times.
1.18. CONCLUSION
For all which, the credit can be understood as debt or loan or mutual.
2. BACKGROUND
In ancient Roman law credit already existed, which arose within civil law, but not within commercial, business or corporate law, because the latter did not exist at that time.
3. LEGAL NATURE
The credit has the legal nature of being a contract, that is, it is a patrimonial legal act. It also consists of contracting an obligation, which can be of different types, classes or varieties.
4. CONSUMER LAW
4.1. GENERAL
Consumer law protects consumers and users, covering, among other things, credit applicants and debtors, and among creditors we can cite the case of banks, however, they are not the only cases.
In the Congress of the Republic of Peru there are 22 legislative commissions, one of them being the "Commission for the Defense of the Consumer and Regulatory Bodies of Public Services", which is made up of 15 congressmen, presiding over the aforementioned, Congresswoman Alda Mirta LAZO RIOS DE HORNUNG, and among the members of said Commission is Congressman Yonhy LESCANO ANCIETA, among others.
Legislative Decree 1033, is the Legislative Decree that approves the Organization and Functions Law of the National Institute for the Defense of Competition and Intellectual Property - INDECOPI, published on 06-25-2008, whose norm establishes in its article 1 that is attached to the Presidency of the Council of Ministers. In consumer protection processes, the instances are:
First administrative instance: Commission for Consumer Protection.
Second and last administrative instance: Chambers of the Court of Defense of Competition and Protection of Intellectual Property.
Judiciary: Contentious administrative process.
4.2. PERUVIAN REGULATORY EVOLUTION
In Peruvian legislation the regulatory evolution has been as follows:
4.2.1. PERUVIAN POLITICAL CONSTITUTION OF 1979
Article 110 establishes that the state defends the interests of consumers.
4.2.2. SUPREME DECREE 036-83-JUS OF THE YEAR 1983
4.2.3. LEGISLATIVE DECREE 716 OF 1991
Article 24 applied to the present topic, which was modified by D. Leg. 807 published 04-18-96.
In the case of prepayment, interest was reduced.
4.2.4. PERUVIAN POLITICAL CONSTITUTION OF 1993
Article 65 establishes that the state defends the interests of consumers and users.
4.2.5. SUPREME DECREE Nº 039-2000-ITINCI
TUO of Legislative Decree No. 716, Law on Consumer Protection, (effective until 06-26-2008). Published 11-12-2000.
Its article 24 applied, which established a reduction of interest in the case of prompt payment.
4.2.6. RESOLUTION N ° 001-2006-LIN-CPC / INDECOPI
The guidelines for Consumer Protection establish guidelines that, without being binding, guide consumers and suppliers on the criteria for interpreting consumer protection standards in the application to the different cases that are presented to the Commission.
4.2.7. LEGISLATIVE DECREE Nº 1045
Complementary Law of the Consumer Protection System (effective from 06-27-2008 to 01-30-2009). Published in the official newspaper El Peruano on 06-26-2008.
Modified article 24 of Supreme Decree 039-2000-ITINCI.
It established a reduction of interest in the case of prompt payment.
4.2.8. SUPREME DECREE Nº 006-2009-PCM
Single Ordered Text of the Consumer Protection System Law (effective as of January 31, 2009). Published in the official newspaper El Peruano on January 30, 2009.
This rule is in force in Peruvian law.
Article 24 applies, which establishes that interest is reduced in the case of prompt payment.
4.2.9. PROPOSED DRAFT CONSUMER CODE PUBLISHED ON 10-18-2000
It established in its article 7 the consumer's right to advance payment in all credit operations.
4.2.10. DRAFT LAW 3954-2009-PE (2010)
According to its articles 7, 73 and 83, the prepaid benefits could be waived, which has motivated some reaction.
4.3. FOREIGN LEGISLATION
4.3.1. ARGENTINA LEGISLATION
The Argentine Consumer Protection Law, Law 24240, issued in Buenos Aires, on September 22, 1993, published in the OFFICIAL BULLETIN, on October 15, 1993, establishes in its article 36 the following:
"ARTICLE 36.- Requirements. In credit operations for the acquisition of things or services, the spot price, the debt balance, the total interest payable, the effective annual interest rate, the form of amortization of interest, other expenses, if any, number of payments to be made and their periodicity, extra or additional expenses, if any, and the total amount financed to be paid. The Central Bank of the Argentine Republic will adopt the measures conducive for the entities subject to its jurisdiction to comply, in consumer credit operations, with what is indicated in this law ”.
4.3.2. SPANISH LEGISLATION
Article 51 of the Spanish constitution establishes that the public powers will guarantee the defense of consumers and users.
Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the defense of Consumers and Users and other complementary laws.
Law 2/2009, of March 31, which regulates the contracting with consumers of mortgage loans or credits and intermediation services for the conclusion of loan or credit contracts.
Law 7/1995 of March 23 on Consumer Credit (published on 03-25-1995). It establishes in its article 10 that you cannot demand unearned interest in the case of early repayment.
4.3.3. CHILEAN LEGISLATION
Law 19496, establishes regulations on the protection of consumers' rights, published on 07-03-1997, which establishes in its article 38 that: “Interest will only be applied to the outstanding balances of the credit granted and payments cannot be required in advance, unless otherwise agreed ”.
4.3.4. ECUADORIAN LEGISLATION
Article 92 of the Political Constitution of the Republic of Ecuador provides that the law will establish consumer defense procedures.
Law 2000-21, which contains the Organic Law on Consumer Protection, establishes in its article 48 that in case of advance payment, interest is paid only on the outstanding balance.
The general regulation to the organic consumer defense law published in the supplement of the official registry No. 116 of 07-10-2000, establishes in its article 44 that: “In order to allow transparency in credit operations, as provided Article 47 of the law, on the receipt of each partial payment must show the breakdown of the part that corresponds to the capital and that that refers to interest, in addition to all additional surcharges. ”
4.3.5. URUGUAYAN LEGISLATION
Subsection “b” of article 15 of Law Nº 17,250, on Consumer Protection establishes that “The supplier must inform, in all offers, and prior to the formalization of the respective contract:
b) In the offers of credit or financing of products or services, the cash price as applicable, the amount of the credit granted or the total financed, as the case may be, and the number of payments and their periodicity. Financial intermediation companies, credit administrators or similar, must also report the annual effective interest rate. "
5. BUDGET OF THE SUPERINTENDENCY OF BANKING AND INSURANCE
In this case, article 373 and 374 of the banking law apply, which establish the following:
Article 373.- BUDGET OF THE SUPERINTENDENCY.
The budget of the Superintendency will be approved by the Superintendent of Banking and Insurance, who will be in charge of its administration, execution and control, and will be covered by quarterly contributions advanced by the supervised companies.
The General Comptroller will be in charge of controlling the budget execution of the Superintendency.
Article 374.- CONTRIBUTIONS OF SUPERVISED COMPANIES.
The contributions to be paid by supervised companies are set by the Superintendent on a quarterly basis, as follows:
1. In the case of companies in the financial system, in proportion to the quarterly average of their assets, not exceeding one fifth of one percent, previously determined by the Superintendency.
2. In the case of insurance and reinsurance companies, in proportion to the premiums withheld during the previous quarter, without exceeding six percent of the amount of those premiums.
3. In the case of life insurance companies, in the proportion indicated in number 1 of this article.
4. In the case of other institutions or persons subject to its control, equitably, in accordance with what is established by the Superintendent through a general rule, taking into account the volume and nature of its operations and the limitations contained in special laws.
5. In the case of companies that had operated during part of the previous quarter, fairly, in accordance with the general rule established by the Superintendent, based on the capital and reserves of the respective company.
In exceptional cases, the Superintendency may increase said contributions, when circumstances so require. These funds will not be included in the General Budget of the Republic.
Contributions are paid within ten (10) days after the publication of the Resolution of the Superintendency.
In case of default, the amount of the contributions will accrue the average active interest rate in national currency published by the Superintendency, during the default period.
If at the end of the budget year, there is a balance balance from the contributions, the Superintendent will transfer the uncommitted balances of the budget to a special account, which may be used to cover expenses corresponding to subsequent years.
6. TITLE INCOMPLETE VALUE
Article 10 of the securities law applies, which establishes the following:
Article 10.- Title Value issued incomplete
10.1 To exercise any right or action derived from an incompletely issued or accepted security, it must have been completed in accordance with the agreements adopted. Otherwise, the obligor may contradict pursuant to Article 19 subsection e).
10.2 Whoever issues or accepts an incomplete security, has the right to obtain a copy of it and cannot be prevented from adding a clause limiting its transfer to the document. In this case, except in the case of the Check, its transfer will have the effects of the transfer of rights. (*)
(*) Numeral modified by the Sole Article of Law No. 29349, published on April 22, 2009, the text of which reads as follows:
"10.2 Whoever issues or accepts an incomplete title has the right to add a clause limiting its transfer, as well as to receive from the borrower a copy of the title, duly signed at the time of delivery, and of the document containing the agreements where the way of completing it and the transfer conditions are stated. In such case, except in the case of the check, its transfer has the effects of the transfer of rights. ”
10.3 If a security certificate, incomplete when issued, has been completed in contravention of the agreements adopted by the intervenors, the non-observance of those agreements cannot be opposed to third parties in good faith who have not participated in or become aware of said agreements.
10.4 The mentions and requirements of the security or rights that must be included in it for its effectiveness must be completed until before its presentation for payment or fulfillment.
7. CUSTOMER OMBUDSMAN
7.1. HOME
Calle 41 Nº 975 Corpac - San Isidro (Lima).
7.2. COMPLAINTS
Maximum the claim can be in the amount of $ 20,000.00 US dollars.
Clients of financial institutions can contact the defender when they consider that a contract, operation or services of the latter have received negligent, incorrect or non-legal treatment.
Previously, the client must exhaust the instances of solution before the financial entity, in the user service platform as the area in charge of attending claims in financial entities.
If the client was not satisfied with the solution of their claim or if in 30 calendar days the claim was not submitted, it was not attended.
The reporting requirements are:
1) In writing.
2) Signed by the affected user.
3) Name.
4) Surname.
5) DNI number, or another that authenticates the identity of the claimant.
6) Address.
7) Contact phone.
8) Information about the claim that the defender establishes.
They can be sent to an exclusive mailbox of the defender.
7.3. PROCEDURE
The term to present the claim is one year from the day in which the determining fact or facts of the claim had been discovered and always before three years from the production of the same.
If it is submitted after the deadline, it is flatly rejected.
Any financial entity can submit to the Defender's consideration and resolution when it can be claimed.
Received the claim, the Defender determines if it is competent.
If it is not competent, it denies its admission for processing.
If you must know the data that the complained entity must provide, the defender will forward the claim to it.
The defender can propose a friendly settlement.
Deadline for issuing a resolution: 2 months from the day you entered your office.
It can be extended for a similar period.
The decisions of the defender that he decides must be motivated.
Must consider:
1) Applicable legal standards.
2) The uses of commerce.
3) Good banking practice.
The customer is not obliged to accept the decision of the Customer Ombudsman. If you accept it, you must communicate it in 15 calendar days, if this period expires and you do not communicate, it is understood that you reject it.
Acceptance will be accompanied by express resignation to another declaratory action of any kind.
Financial institutions are required to accept this resolution. Which will indicate the term for the entity to comply. The term will be a maximum of three months, except for circumstances of the case.
When the client presents a claim, he refrains from any other action
7.4. PERCENTAGE IN THE RESULTS OF THESE COMPLAINTS
The results of these complaints are in the following percentage:
1) In favor of the financial institution: 20%
2) In favor of the consumer: 80%.
VASQUEZ OLIVERA, Salvador. Civil law. Definitions. Page 185.
Ibid. Pages 185 and 186.
Ibid. Page 186.
Ibid.
Ibid.
BANNOCK, Graham, BAXTER, RE and REES Ray. Dictionary of Economics. Pag. 109.
ANDRADE E., Simón. Dictionary of Finance, Economics and Accounting. Page 175.
RODRIGUEZ OLAECHEA, Percy. 1,500 Socio-Economic Terms. Definitions. Pag. 91
Ibid.
BONNECASE, Julien. Elementary Civil Law Treaty (Part B). Translated from the French language to the Spanish language by Enrique FIGUEROA ALFONZO. Pag. 953.
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