2º.- Another group of authors considers that even if an amount lower than that requested is granted, the interest must be credited because it was requested in court or even amicably. A simple formula for calculating statutory interest and getting the amount you need to pay or receive for a debt is as follows: There are two currents in late payment interest. The first submits that, even if an amount lower than that claimed is awarded, interest must be accrued as soon as it has been claimed in court or even amicably, while another sector argues that interest is due only from the date of the judicial or extrajudicial action, when the amount due has been perfectly fixed and the judgment awards an amount. which corresponds exactly to the amount requested. (Litigation) In the field of private law, interest is the sanction provided by law to delay the settlement of an unpaid, liquid and enforceable debt. Within this definition and in a broader sense, procedural interests are all those which arise in favour of the plaintiff in proceedings to order the defendant to order the sum of money. However, the CEA of civil procedure retains a limited concept of procedural interest (or default interest) limited to those that have arisen since the judgment of first instance ordering the payment of a sum of money of a sum of money (Art. 576 LEC). In all contexts related to the types of interests described above, Rodenas Law Firm offers a competent, fast and efficient service. Our firm has the knowledge, maturity and experience in this field to assert your rights as a creditor. Consequently, the default interest is that freely agreed by the parties and, failing that, the legal interest. With regard to procedural interest, the right to the amount claimed arises in favour of the claimant, who is recognized after judicial, arbitration or mediation proceedings – the right to receive the amount claimed.
Their purpose is to avoid delays in the execution of the judgment by the debtor. The main objective of default interest is to avoid the devaluation of debts. Their imposition is intended to compensate for the damage suffered by the creditor as a result of late performance. The interest rate may be the subject of an agreement between the parties, in the absence of agreement, legal interest applies. The determination of legal interest is carried out annually and falls within the competence of the State, in accordance with the General Law on the State Budget. This implies that it is directly related to the economic situation that the country is going through at the moment. Legal interests have characteristics that distinguish them from other types of interests. The most important are: any outstanding debt leads to the accumulation of interest, which can be a moratorium or a procedure. Interest on arrears is intended to compensate for the damage suffered by the creditor as a result of the payment of the debt after the due date. This interest rate may be agreed by the parties and, in the absence of agreement, statutory interest applies. 2.
Interest on arrears shall be governed by Article 1.100 et seq. of the Civil Code, while procedural interest shall be governed by Article 576 of the Code of Civil Procedure. 21. September (days after the September allotted for the payment of the debt) Emilio sends him a fax demanding it. As Pablo does not pay him, he files a lawsuit, which ends on May 15, 2021 with a judgment ordering Pablo to pay Emilio this amount plus statutory default interest. I q pay q 258`37 € an airline and tell me q I have the right to claim legal interest plus two points of this amount from November 24, 2017 to today and I do not know how this operation is carried out I could say q is what I have a salvation .. Finally, please note that default interest on debts is treated differently between entrepreneurs or traders due to their economic activity and is governed by Law 3/2004, of 29 December, on measures to combat late payment (amended by Law 15/2010 of 5 July and Law 11/2013 of 26 July). July on support measures for entrepreneurs). If you want to know more about the latter, click here. Conversely, the tax administration must also be accountable to its taxpayers if it is in debt. In this case, the calculation is also carried out taking into account the statutory interest.
Constitutional jurisprudence has held that the right to effective judicial protection also includes the right to comply with the judicial decision and to have the applicant restored to his right and, where appropriate, to compensation for the damage suffered.