VICISITUDES ECONÓMICAS Y JURÍDICAS DE LA DACIÓN EN PAGO DE ACTIVOS INMOBILIARIOS COMO MODO DE EXTINCIÓN DE LAS DEUDAS PENDIENTES CON LAS ENTIDADES FINANCIERAS.

Abstract

In today's setting of economic crisis, dation in payment has become a regular tool for settling relationships of obligations. Commercial and savings banks need to reduce their bad debt ratio in order to find positive balances in their P&L accounts, and this they manage to do by means of datio in solutum when borrowers lack liquidity. Although dation in payment of outstanding debts lacks proper acknowledgement and regulation in the Civil Code, its presence may be deduced from the terms of section 1166 of the Civil Code. Because of the nature of section 1166, it may be affirmed that a creditor's right may be satisfied in a way different from the manner originally accorded if the creditor consents to an alternative arrangement. This assertion has led, in both doctrine and case law, to some study concerning the juridical nature of the concept of dation in payment in order to find an answer to the numerous questions that its presence entails. Such an answer is attempted in this paper. Each of the solutions furnished has been evaluated from the practical perspective, because dation in payment is a legal instrument of unquestionable economic importance.