Sobre gorilas, compensaciones, cegueras y salarios: ¿por qué el banco sí puede disponer de mi cuenta de remuneraciones?
In Peru, there is no clear and uniform criteria to solve cases regarding charges made by financial institutions to customers’ compensation accounts as a means of compensation for debts incurred by the user. In the last ten years, different instances from the Indecopi and Supreme Court have iss...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8073062 |
| Source: | THEMIS: Revista de Derecho, ISSN 1810-9934, Nº. 78, 2020 (Ejemplar dedicado a: Competencia), pags. 443-456 |
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| Summary: |
In Peru, there is no clear and uniform criteria to
solve cases regarding charges made by financial
institutions to customers’ compensation accounts
as a means of compensation for debts incurred by
the user. In the last ten years, different instances
from the Indecopi and Supreme Court have
issued contradictory rulings, evidencing a lack
of consensus about the legality or illegality of
said charges.
Faced with this reality, the author wishes to show
how the fixation on certain aspects of these cases
have made jurists develop inattentional blindness,
which lead them to base their reasoning on false
premises. With this article, the author hopes to
correct this mistake. In order to achieve this, he
analyzes what is the duty of care, the difference
between the concept of compensation and
automatic debit, and, finally, the real disposable
nature of remunerations. Thus, he highlights the
aspects associated with charges made by financial
institutions to customers’ accounts that are usually
overlooked by the courts. |
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