Bibliographic citations
Obando, M., (2017). Derecho de compensación de las entidades bancarias versus intangibilidad de las remuneraciones [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/3249
Obando, M., Derecho de compensación de las entidades bancarias versus intangibilidad de las remuneraciones [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2017. https://hdl.handle.net/20.500.12759/3249
@misc{renati/375694,
title = "Derecho de compensación de las entidades bancarias versus intangibilidad de las remuneraciones",
author = "Obando Peralta, Maria del Carmen",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2017"
}
One of the main functions of the Peruvian Government is to promote saving, and this is how it is been prescribed in the Article 87º of the Political Constitution of Peru, the same one that states: “The State promotes and guarantees the savings. The Law establishes the obligations and the limits of the companies that receive publics savings, as well as the way and the scopes of that guarantee”. One important factor to guarantee the saving is to assure, also, the recoverability of the loans granted by the Banks, a fact that is regulated by the General Law of the Financial System, however, it has been considered, in this research essay, that those powers should not exceed the legal limits preestablished, neither can be against them at the expense of the rights of the savers or clients of the Bank System. Currently, and under protection of the Competition Court and Intellectual Property decision, the companies of the Bank System has been making use of the compensation right of their debts with the total remuneration of a debtor, being against to what was prescribed in the Civil Code and Civil Procedure. The conclusion is that it is true that the cost of the loan includes the uncertainty in its timely recovery, furthermore it is true that the compensation is not the only way by the Banks can obtain their recovery, and although it is the most effective and economical, this must respect the legal limits established, because otherwise they would be allowing an abuse of the right, as well as limiting users to have a minimum livelihood for them and their families.
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