Bibliographic citations
Quispe, C., (2017). La compensación bancaria como mecanismo de vulneración del derecho constitucional a la remuneración de los clientes [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/3241
Quispe, C., La compensación bancaria como mecanismo de vulneración del derecho constitucional a la remuneración de los clientes [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2017. https://hdl.handle.net/20.500.12759/3241
@misc{renati/376282,
title = "La compensación bancaria como mecanismo de vulneración del derecho constitucional a la remuneración de los clientes",
author = "Quispe León, Claudia Gabriela",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2017"
}
Currently, financial legislation are loopholes and lack of clarity, which are generated by companies in the banking system threaten freedom from attachment of wages through a bank banking business practice called compensation or netting, which allows compensation between assets (loans) and liabilities (savings) that each of the entities have with a client These adjustments made by entities belonging to the financial system have generated discomfort in the financial consumers who come to INDECOPI body responsible for resolving disputes between consumers and service providers in order to solve this problem. Accordingly claims that have arisen in recent years, the institution ruled on the dispute through two administrative precedents, which to date is the most important and current relating to this topic. The first of them is expressed in Resolution No. 0199-2010 / SC2-INDECOPI and the second, contained in Resolution 3448-2011 / SC2, both issued by the National Institute for the Defense of Competition and Protection Intellectual Property (INDECOPI); the latter precedent which is now being implemented to solve this kind of controversy. However, the latter precedent violates the rights of consumers, since the financial and banking institutions, backed by general clauses, exercise the right to repay debts of their delinquent customers and can even affect the wages of these, without any limit or take into account the vital needs of the holder of the debt. Therefore, we believe that the continued application of the criteria of that resolution, would be attacking not only against the provisions of Article 24 ° of our current Constitution, but also against the substance of the remuneration.
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