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Current vicissitudes of the obligation in foreign currency: The problem of the exchange rate to choose for the convers...
ISSN: 2953 - 5468
Publisher: author
Current vicissitudes of the obligation in foreign currency: The problem of the exchange rate to choose for the convers...
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 2
Article Transparency Score: 2
Article Operation Score: 3
Article Articles Score: 3
Article Accessibility Score: 2
SUBMIT PAPER ASK QUESTION
International Category Code (ICC):
ICC-1002
Publisher: H
International Journal Address (IAA):
IAA.ZONE/2953403665468
eISSN
:
2953 - 5468
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Abstract
Faced with a multiplicity of exchange rates and based on the regulation of art. 765 of the National Civil and Commercial Code raises a question that has been replicated in the jurisprudence: if the parties agree on an obligation in foreign currency and the debtor chooses to cancel it in local currency, what exchange rate must be taken to make this conversion? In this context, the present work aimed to determine the alternative that is most in line with the current and fair economic reality for the parties to the obligational relationship. For this, the legal regulation and the different existing jurisprudential solutions in this regard were analyzed. Finally, a correct wording of the payment clause in obligations contracted in foreign currency was devised, in order to minimize the risk of conflict.
