Spanish Commercial Code - Book II - Contracts and Obligations in General - Title XIII - Loan
Article 795. Indefinite loans are not enforceable until ten days after claiming restitution.
Article 796.
Not successful given the loan term, the court will fix trade
prudently, taking into consideration the terms of the nature of the
operation whatsoever for the loan and the personal circumstances of the
provider and lender.
Article 797.
Currencies against the loan specifically identified the lender meets
its obligation restoring coins of the same species as those received,
regardless of the value having the time of restitution.
Article 798. Gratuity is not presumed in commercial loans, and they earn legal interest, unless the parties agree otherwise.
Article 799.
The stipulation of interest or which exempts the lender of your
payment, shall be in writing and without this circumstance will be
ineffective at trial.
Article 800. Interest will be provided in certain amounts of money, even if the loan consists of goods of any kind whatsoever.
To
make the computation of interest in this case will be estimated by
current price merchandise with the day and place to be made restitution.
Article 801.
The lender to delay compliance with its obligations under the loan,
with or without provision of interest, is obliged to pay the current
interest from the day that the payment may be claimed under a court
order.
Article 802. The course of conventional interest does not cease with the advent of the term to be made the return of capital.
Article 803.
The receipt of interest on the last three pay periods, the presumption
that the former have been covered, unless the bill contains any
provision of the creditor's right preservative.
Article 804.
Interest on borrowed capital can produce a new interest or a lawsuit
or a special agreement, provided that the claim or interest agreement
due to be on at least one full year.
Article 805.
The lender who signed a promissory note or bill, confessing debtor of a
sum of money or goods, may be admitted to prove the circumstances under
which money or goods were not delivered.
Article 806.
The balances of the accounts or anticipations regarding commercial
operations will be considered as true loans and governed by the rules of
this Title.
Comentarios