Article 1235 states:
"Notwithstanding the provisions of Article 1234, the parties may agree that the amount of local currency debt is referred to the automatic adjustment rates set by the Central Bank of Peru , other currencies or goods, postal as , in order to maintain this amount constant value.
The payment of the debts referred to above shall be made in national currency, in amounts equivalent to the reference value, the expiration date of the obligation.
If the debtor would delay the payment, the creditor may require, at its option, the debt is paid the reference value at the date of maturity of the obligation or the date on which payment is made. "
The sense of update rule is a debt to real values, this does not mean that increased or altered, but it is correct, no doubt because the inflationary impact has affected.
reset rates may be the consumer price index, the index Wholesale prices among others.
The parties to a contract may agree that a local currency debt is referred to:
- Other "hard" currencies (such as the euro, the pound);
- Goods (such as oil, copper, wheat), when the good is a good reference the clause called "good value clause"
- Clause golden value "when the debt to pay it into relation with the value of gold at the time that has been making payment.
Payment is made in local currency, that is legal tender.
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