The legal nature of Judgment Exchange is a debated issue, although the author is inclined to understand it as a special assessment procedure, which will have significance in terms of the exceptions to be able to oppose the part of the obligor.
The following is the work of Juan Rafael Juan Sanjose, Deputy Judge of the Provincial Court of Castellon.
The obligor will be able to oppose compliance, its foreign creditor, by articulating several allegations that go from purely certificated, that is derived from autonomous and abstract right that contains the securities serving as the object to the claim of the creditor, to the causal, whose foundation is in the underlying legal contract that was the basis for the issuance of the cambial.
We publish below work Rafael Juan Juan Sanjosé, Alternate Judge of the Provincial Court of Castellón.
The exceptio non rite adimpleti contractus has the function of the complaint, by one of the parties involved in the underlying legal transaction, the failure by the creditor to exchange any of the obligations under the causal contract or defective performance thereof.
The following is the work of Juan Rafael Juan Sanjosé, Deputy Judge of the Provincial Court CASTELLON:
Cuando las partes son las mismas que las del negocio jurídico subyacente que originó la emisión de la cambial, surge, above the right certificated, the business and therefore causal, They may oppose the exchange debtor defaults those that occurred on the basis of fundamental contract.
The following is the work of Juan Rafael Juan Sanjosé, Alternate Judge of the Provincial Court of Castellón.
For the issuance of the security will coexist two independent payment obligations to each other, whose origin and basis is different, but while the remaining credit in the cambial insert is not satisfied.
The exchange law has always been a complex subject. However, its importance in trade makes it essential to have a thorough knowledge concerning exchange rate.
Then, We publish the work of the lawyer Rafael Juan Juan Sanjosé, Alternate Judge of the Provincial Court of Castellón.