Civil Code

By | November 5, 2013

In this way, the assimilation of the figure of the sale with payment in kind is only acceptable with instrumental nature by certain operative rules applying to the contract of sale, when they are consistent with the very nature of the dation in payment. And this nature has aims to extinguish a per-existing compulsory relationship and not to create ex nova an obligation contract, because as they perform the doctrine and the jurisprudence, it should be the accent in the extinction character (causes dissolve) agreement of conveyance which, although it has business nature, does not have the qualification of contract itself. On the other hand, is very abundant jurisprudence that will differentiate the nation in payment with another sympathetic figure as it is the so-called transfer of goods for payment or payment by transfer of goods which, though not found expressly regulated in our Civil Code is being equally admitted to our right. The assignment of property (damage pro solvent) consists in the transmission of the debtor to the creditor’s possession and administration of their goods or part of them so you settle them and apply the price obtained payment of loans and, therefore, this transfer does not involve, automatically the extinction of the obligation to origination.Como we have pointed out, jurisprudence has been reiterated to distinguish the nation in payment damage pro solute-payment by transfer of goods data pro solvent..


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