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Effects of obligations and sanitation (PAYMENT: it is about the delivery…
Effects of obligations and sanitation
sanitation: is the need to repair damages caused to the purchaser of a thing for consideration, for the sake of service or hidden defects
requirements of hidden defects: total or partial deprivation suffered by the acquirer of a thing, by judgment or enforceable cause and based on a right prior to the acquisition
hidden vices: they are defects that are not perceived by the senses and reduce the utility of the acquired thing
Eviction: is the deprivation of a thing legally acquired, whose deprivation is carried out by an enforceable judgment obtained by reason of an act prior to the acquisition
EXCLUDING FROM SANITATION: forbidden: by express agreement as long as there is no bad faith of the alienator: forbidden: by whoever acquires is aware of the risks: forbidden: for not denouncing the conviction suit: forbidden: if the conviction occurred because of the victim: forbidden: if the acquirer compromises
term of action rehevicatoria and quantiminoris: a cash for the first from the day that the contract was perfected and for the second from the day the acquirer has notice of the burden or easement
REQUIREMENTS FOR HIDDEN VICES
• Transfer of a thing already vitiated
That those vices eliminate or diminish the utility of the thing
• That these vices are not obvious
PAYMENT: it is about the delivery of a thing, money, a doing or an abstinence and fulfillment of the obligation
How do you pay? in the manner and manner established in the act that gave rise to the obligation, that is, it must be paid in full and in full, not allowing partial payments except when there is an express agreement
that is paid: precisely what is due, delivered the stipulated thing, providing the agreed service or abstaining
exceptions of what must be paid: when it was established to deliver something other than the one delivered
What is the time to make the payment? the obligation must be fulfilled in the time established in the act that gave birth, but if the time of compliance is not indicated, a series of provisions of the civil code must be enacted. if the pazo is stipulated for the benefit of the debtor, he may pay in advance
where you pay? the payment must be made in the place that the parties have designated in the act that arose the obligations of not existing a determined place will be paid in the place that is detached of the circumstance that is in the act or it determines it the law
How is the payment applied? This payment problem occurs when the same person is liable for several obligations with respect to the same creditor, so when the debtor makes a payment it must be determined to which obligations should be imputed
Who can pay? the payment must be made by debtor, its representative or a third party that has legal interest in the obligations and even by a third party not interested in fulfilling the obligation
Who should he pay? to any person the payment can be made to the creditor or to any person, who can pay? the payment must be made by debtor, its representative or a third party that has legal interest in the obligations and even by a third party not interested in fulfilling the obligation
With what is paid? the payment must be made with something that the debtor owns if it does not do so, the debtor will suffer eviction
protective rights of unsecured creditors
Paulian action
oblique action disability: it is a partial disability that only takes advantage of who I exercise and limited to the amount of your credit
it produces the nullity of the debtor's acts, only in the interest of the creditors who have promoted it and up to the amount of their credits. does not totally invalidate the act combated, nor deprives it of effects, nor reintegrates the estate of the debtor
that which can be exercised by a creditor when his debtor alienates property or waives rights being insolvent to the detriment of his creditor
If the act combated is free
that the debtor alienates his property or renounces economic rights
that said causes the insolvency of the debtor or the increase
that the attackable act is later in date to the credit of the creditor
requirements of the origin of the oblique action
is the declaration of a content of will that is not real, with the agreement of all the parties and with the purpose of deceiving
simulation
bsolute: when behind the fictitious act there is no real legal act
relative: when the simulated act involves another true legal act
Who exercises the simulation? the parties that intervened in the or any third party in good faith
Lien
is the power that the creditor has, when the debtor does not pay, to have intentionally a thing owned by the debtor and related to the debt
elements of the retention: retention by the creditor of a thing that must deliver a credit of the retenant who must receive the thing
that there is a link between the thing and the credit of the person who holds
origin of the right of retention: for excessive use the right of the relationship must use when the law does not prohibit it. for restricted use can only be used when the law expressly confers
What effects does the right of retention produce? only the possession of the things since the retainer can not use it for his benefit and if it produces fruits they must be delivered to the owner of the thing upon the end of the retention
cases that the right of retention proceeds: swap, lease, deposit, work contract, accommodation contract, possession matter, accession
When the right of retention is extinguished?
by the voluntary surrender or abandonment of the thing on the thing on which it could be exercised and not reborn although the same thing becoming another title to enter its power
for payment of the debt by the debtor -
by resignation the voluntary delivery or abandonment of the thing
for loss or total destruction of the thing
by confusion: if the thing, for any type that is passed to the domain of the retainer, the right is extinguished because it is indespensable that the thing is foreign
oblique action
exception of the oblique action: when the rights inherent to the person are affected, such as extra-patrimonial rights, patrimonial rights that have a personal nature (food debt)
is the action that a creditor can exercise against a debtor of his debtor when the first debtor has been negligent in demanding payment and thereby harms the creditor
indirect: because what is charged will enter the debtor's assets which indirectly will benefit the creditors
subrogatory: because the creditor subrogates (replaces) the debtor in his rights
Effects of the oblique action:
levy to the assets of the debtor liabilities the goods or benefits that would have if it had actively acted
the result of the action takes advantage of all the unsecured creditors because the debtor's assets are the common pledge of their creditors
the creditor does not have the payment of his credit only he obtains that the payment enters the patrimony of the debtor, soon they will try his enforcement action
effect between debtor, creditor
What requirements must the oblique action fill?
that merges into an executive title that the credit from which the creditor derives his right is required and that the creditor must have the due judicial authorization
that the debtor refrains from acting
that the right or actions of the debtor have a pecuniary value