Bank Responsibility

There is a colloquial expression, not regulated in our legal system, employing consumers who sign a loan real or consumption, namely avalo with my house, avalo with my payroll or pension, I guaranteeing with a field, etc. This expression that does not have his legal recognition is intentionally employed by the Bank wishing to achieve their commercial goals of asset (loan) and consumers accept that they wish to see their credit needs satisfied. However, in our legal system, credit rights attributed to the owner, the creditor, the power demand to the debtor, regardless of whether licensee, co-holder or guarantor of observance of their interests is. The basic rule of this general system of protection of credit right is contained in article 1911 of the Civil Code. Sets the 1911 article of the Civil Code that: of the fulfilment of the obligations the debtor responds with all their property, present and future. In this drafting collects what is known in the world of law as Patrimonial Universal responsibility.

The patrimonial universal responsibility is therefore a means of general protection of the right to credit that only comes into play when there is a breach of the obligation. As long as such a breach will not occur this responsibility adopts a character of potentiality in all payment obligations. Therefore, you can say that the patrimonial universal responsibility is a consequence that plays as the effect of the breach of the obligation and that falls upon the debtor, regardless of whether it acts as holder or as guarantor of the loan. Now well, that the debtor, both if it acts as a holder or guarantor, respond, as shown by the precept, with all its assets, present and future, doesn’t mean, nor much less, that this is the only consequence arising from the breach of its payment obligation. This is, without a doubt, the most relevant result, but it is not the only one. .


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