In this article I extend a compilation of various criteria adopted for fixing the interest rate applicable to debts arising from common expenses, above the lending rate of the Banco de la Nacion Argentina (20 to 36% annually).
In terms of expense should be a careful balance between the interests of the consortium and the debtor's rights. Is that from the delay in the satisfaction recovery of expenses that can run into crisis if the common good does not fit the punitive interest at a rate that adequately meets the delay imposed by the debtor, thus preserving the interests of consorcioConforme to it and since the determination of the interest rate is essentially provisional and variable influence of different factors over time may require at any time to review and modify the criteria, not high rate of 30 percent per year in every respect.
(Abstract No. 16665 of the database of the Ministry of Civil Chamber Court - Bulletin N 3 / 2006). CONSORTIUM OF OWNERS OF RIOJA 112/46 c / CORDOBA, Fernando s / EXECUTION OF EXPENSES. 05/07/1905. National Chamber of Civil Appeals. M. Hall
1 - The interest rate is an amount that is payable for a period determined on a given capital, and changed only the first equivalence be maintained if one takes into account the variables of the market.
2 - A review of the factors that make a objective weighting of the issue, such as its impact on the heritage of the creditor and the debtor's conduct, conduct to consider that, in the execution of the expense, 24 per cent per annum interest understanding compensatory and punitive damages, is appropriate.
(Abstract No. 17050 of the Data Base Secretariat of the Civil Court - Bulletin No. 9 / 2006). CONSORTIUM OF SAN JOSE HOMEOWNERS 900/914 c / LAFUENTE, Elsa Beatriz s / EXECUTION OF EXPENSES. 19/09/1906. National Chamber of Civil Appeals. L. Sala
According to the current financial market conditions, in the case of a default in the integration delas expense, it establish the applicable interest rate by 20 percent annually in every respect.
(Abstract N ° 17752 of the database of the Ministry of Law, Civil Chamber).
CONSORTIUM PEDRO RIVERA ESQ 2416/60. 2690 TOWN HALL w / Romano LARROCA Giordano, Filomena and other s / EXECUTION OF EXPENSES. 11/13/2007. National Chamber of Civil Appeals. Room A.
An attachment of expense, the rate of 26 percent annually, is best suited to the current economic situation in the country and because the interests matter have a compensatory purpose is not punitive, intended to compensate the effects of any arrears.
(Abstract No. 18812 of the database of the Ministry of Law, Civil Chamber).
PONDS HOMEOWNERS ASSOCIATION OF 4340/42 c / Nakkach, Mario Ruben s / EXECUTION OF EXPENSES. 06/02/1909. Court of Appeals in civil cases. K. Hall
In matter of expense must be borne in mind that the default by any of the co-owners can compromise the proper functioning the consortium created, why foulbrood be admitted to higher rates that apply to other debts, so this incentive the timely payment of dues. The repeal of parity anchoring exchange currency indexation but the ban - compared to an increase in interest rates as financial market of public knowledge - leads to determine a rate according to the current economic and financial requirements. By establishing the annual rate of thirty-six percent in every respect for the debts of the expense.
(Abstract No. 19220 Database of the Ministry of Civil Chamber Court).
OWNERS ASSOCIATION OF AV. Luis Maria Campos c / ESPOSITO, Héctor Agustín s / EXECUTION OF EXPENSES. 08/18/2009. Court of Appeals in civil cases.
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