Post by account_disabled on Mar 4, 2024 22:47:18 GMT -6
[1] Through the request made, the debtor is in default and, from then on, the debt begins to accrue interest (art. 1108 Cc).
[2] That is, the request made to the debtor is taken as the starting point to calculate the interest, from which point we can carry out the calculation by days until the date of filing the claim. If the debtor is notified of the claim and does not pay or record the amount owed, the interest accrued during the processing of the process may be demanded in the judgment execution phase. Finally, this execution phase also has its own interests, as we will see later.
[3] Without prejudice to the possibility of Fax Lists interpreting the last paragraph of article 1100 Cc in the sense that it establishes automatic default in reciprocal obligations, it is safer to establish the debtor's default by means of a notarial request or by certified letter.
[4] Anyone who defaults will be subject to compensation for damages ex art. 1101 Cc However, the extension of said compensation in cases of claim for amount is limited to the payment of the agreed interest or, failing that, the legal interest (art. 1108 Cc).
[5] All this without prejudice, of course, to the fact that from the moment the sentence is handed down the provisions of art. 576, paragraph 1 LEC: «From the moment it is issued in the first instance, any sentence or resolution that condemns the payment of a liquid amount of money will determine, in favor of the creditor, the accrual of an annual interest equal to the legal interest of the increased money. in two points or the one that corresponds by agreement of the parties or by special provision of the law.
The eighteenth additional provision of Law 26/2009, of December 23, on the General State Budgets for the year 2010, establishes that the legal interest rate on money is set at 4 percent until December 31, 2010.
[2] That is, the request made to the debtor is taken as the starting point to calculate the interest, from which point we can carry out the calculation by days until the date of filing the claim. If the debtor is notified of the claim and does not pay or record the amount owed, the interest accrued during the processing of the process may be demanded in the judgment execution phase. Finally, this execution phase also has its own interests, as we will see later.
[3] Without prejudice to the possibility of Fax Lists interpreting the last paragraph of article 1100 Cc in the sense that it establishes automatic default in reciprocal obligations, it is safer to establish the debtor's default by means of a notarial request or by certified letter.
[4] Anyone who defaults will be subject to compensation for damages ex art. 1101 Cc However, the extension of said compensation in cases of claim for amount is limited to the payment of the agreed interest or, failing that, the legal interest (art. 1108 Cc).
[5] All this without prejudice, of course, to the fact that from the moment the sentence is handed down the provisions of art. 576, paragraph 1 LEC: «From the moment it is issued in the first instance, any sentence or resolution that condemns the payment of a liquid amount of money will determine, in favor of the creditor, the accrual of an annual interest equal to the legal interest of the increased money. in two points or the one that corresponds by agreement of the parties or by special provision of the law.
The eighteenth additional provision of Law 26/2009, of December 23, on the General State Budgets for the year 2010, establishes that the legal interest rate on money is set at 4 percent until December 31, 2010.
