Bibliographic citations
Jugo, M., (2017). La falta de limitación de la compensación bancaria y su afectación a la naturaleza alimentaria de la remuneración [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/3153
Jugo, M., La falta de limitación de la compensación bancaria y su afectación a la naturaleza alimentaria de la remuneración [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2017. https://hdl.handle.net/20.500.12759/3153
@misc{renati/376232,
title = "La falta de limitación de la compensación bancaria y su afectación a la naturaleza alimentaria de la remuneración",
author = "Jugo Valdivia, Mariana",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2017"
}
The present investigation is based on the existing problem regarding the absence of a limit to the application of bank compensation on the remunerations that are deposited in the various products offered by financial institutions of those financial users who maintain at the same time, pending payment obligations, as Law N° 26702 - General Law of the Financial System in its article 132 paragraph 11, protects this figure as a way to mitigate the risks to the saver, however, it is not specified limits to which it is regulated. In the development of this research, we prove that in the current legislation, different treatments are applied to the agent who applies this form of extinguishing an obligation, that is to say, when analyzing that the bank compensation is a figure coming from the civil compensation, we have been able to conclude that the norm is not being analyzed in a systematic way, since while in civil compensation - whose application is between two natural or legal persons that are not related to the financial system - there is a limitation for its application, the banking compensation grants to the financial entities the total power of the free disposition of the remunerations of the financial users, thus existing an isolation of the special rule with respect to the general norms. This thesis is elaborated by chapters, in which national and foreign doctrine will be developed regarding the figure of the compensation, where we can demonstrate the necessity of a limitation in the application of the bank compensation in the savings accounts where the financial users deposit their remuneration, according to a systematic interpretation of the civil, banking and labor standards and the jurisprudence that develops them. Finally, this research come up with a legislative proposal with the solution to the problem under study, which consists of amending section 11 of article 132 of Law N° 26702 regarding banking compensation, thus formulating the limitation to this figure Equal to which the civil compensation is governed, so that through this modification the financial users can finally protect themselves adequately in the corresponding way.
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