WHAT WE DO HOW CREDITS A PAYMENT? The receipt and formalities.
Payment is primarily a voluntary act and is lawful for an immediate end to the cancellation of an obligation, the annihilation of the right of the creditor. We all know that, especially when it comes to legal obligations (eg payment of alimony, under a contract, etc.) Payment is made against a receipt or documented evidence of receipt by the creditor. Tuesday, March 21, 2006
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Actually, it is generally accepted that total or partial cancellation of a legal requirement may be proved by the person who relies on any form of evidence, including witnesses (with the exception of executive action, which should always be tested with the document receipt). However, as the case before the judge, it will be very strict in the assessment of any evidence other than the receipt. And here we must remember that court, not only must be right to assert a right, but mostly try , show the judge that it is, take him to the belief that what we assert is occurring at the so that we and our demand is set to the right.
Hence the ultimate way to prove a payment and the cancellation of a legal obligation, is the receipt.
Of course there are other valid ways to bring certainty to judge our performance. Years ago (too many for my taste), recently received a powerful trader Once gave me very good advice: "when copper, try it in cash, you pay, always with a check" not to order ", and that insurance will lose the receipt, but the record of check cashing at the bank will be kept for a period of ten years ".
But look how to prepare a receipt.
Since the receipt and as such, no formality, that is not regulated the way of making them, but it's worth bearing in mind minimum issues that can prevent major headaches, namely
- must state the date and place of issuance , this reference will prove that the payment was made in a timely manner, or within the agreed to do so;
- be imputed, ie, it must express the reason why is paid, whether for example the rental of property situated in such place and for such month, the cancellation of the quota number such loan, the balance of the purchase of such a thing, and so on.;
- also be expressed if charged to capital, interest or in the case is made to either the amounts allocated to each ;
- it should be stated the amount paid, ideally letters and numbers
- if you pay the balance of the obligation, ideally this should be noted that situation and finally
- must be signed by the creditor or his representative , and should also clarify its signature handwriting.
Before leaving this issue, it is clear that the requirement granting of receipt by the creditor is a right to pay, tending to have proof that it has fulfilled its obligation and the lender does not want to extend it should appropriate payment (deposit in court).
Remember also keep their receipts for safekeeping.
have any doubt, do not forget to consult your trusted lawyer.
Carlos Alberto Gemetro
Advocate Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar
Friday, March 10, 2006
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ARE SUSPENDED FOR 90 DAYS THE FORECLOSURE
was enacted and signed into law suspending for ninety days foreclosures. In plain language, this means that at that time, there will be no auction sale for that reason .
by that term also extends the deadline to re-enroll in the Mortgage Refinancing System, who had beaten March 6 ultimo.
the article says:
Article 1 - extended from March 4, 2006 for a period of NINETY (90) days, the stay of execution of sentence aimed at the top of housing single family by mutual eligible under the terms of Law No. 25,798 and its amendments.
Article 2 - Suspend for the same term are ordered evictions in foreclosure proceedings for single family housing by eligible under mutual terms and conditions of Law No. 25,798 and its amendments, including extrajudicial execution procedures. 3 º
- Extended for a period of NINETY (90) days after expiration of the period referred to by Article 2 of Law No. 26,062.
is a misleading term, it seems huge. Do not count and if you are able to register or re-enroll, and start the paperwork.
Carlos Alberto Gemetro
Advocate Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar 
was enacted and signed into law suspending for ninety days foreclosures. In plain language, this means that at that time, there will be no auction sale for that reason .
by that term also extends the deadline to re-enroll in the Mortgage Refinancing System, who had beaten March 6 ultimo.
the article says:
Article 1 - extended from March 4, 2006 for a period of NINETY (90) days, the stay of execution of sentence aimed at the top of housing single family by mutual eligible under the terms of Law No. 25,798 and its amendments.
Article 2 - Suspend for the same term are ordered evictions in foreclosure proceedings for single family housing by eligible under mutual terms and conditions of Law No. 25,798 and its amendments, including extrajudicial execution procedures. 3 º
- Extended for a period of NINETY (90) days after expiration of the period referred to by Article 2 of Law No. 26,062.
is a misleading term, it seems huge. Do not count and if you are able to register or re-enroll, and start the paperwork.
Carlos Alberto Gemetro
Advocate Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar
Monday, March 6, 2006
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THE LEASE (RENT): The term
Deadline Minimum rental of a building intended for housing, is in principle two years, according to law. This period is of public order and therefore can not be modified by agreement between tenant and landlord.
However, there are cases where this term can be shortened, among others:
- a decision by the tenant or lessee: it has the unilateral right to rescind the contract (rescind) in advance, but in this case, doing so must give prior notice to the lessor by fechaciente (letter or telegram document delivery notice) with an anticipation not less than 60 days and pay compensation in an amount equal to one and a half months rent if terminated prior to the first year or a month if it does during the second year of contract
- verification of defects in the building that had not been apparent or known to the tenant and / or make it impossible to use for contract (in this case, housing), in which case the tenant is entitled to terminate the contract without penalty or request a price reduction of rent;
- total loss of property through no fault of either party (for example, war or revolution) or the fault of either party, in which case in addition to being void the contract, the guilty party shall make compensation for damages to the other;
- by mutual agreement.
These are just some of the cases in ending the contract before the agreed period, but there are other events where a particular query may be referred to appropriate counseling. Carlos Alberto Gemetro
Advocate Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar 
Deadline Minimum rental of a building intended for housing, is in principle two years, according to law. This period is of public order and therefore can not be modified by agreement between tenant and landlord.
However, there are cases where this term can be shortened, among others:
- a decision by the tenant or lessee: it has the unilateral right to rescind the contract (rescind) in advance, but in this case, doing so must give prior notice to the lessor by fechaciente (letter or telegram document delivery notice) with an anticipation not less than 60 days and pay compensation in an amount equal to one and a half months rent if terminated prior to the first year or a month if it does during the second year of contract
- verification of defects in the building that had not been apparent or known to the tenant and / or make it impossible to use for contract (in this case, housing), in which case the tenant is entitled to terminate the contract without penalty or request a price reduction of rent;
- total loss of property through no fault of either party (for example, war or revolution) or the fault of either party, in which case in addition to being void the contract, the guilty party shall make compensation for damages to the other;
- by mutual agreement.
These are just some of the cases in ending the contract before the agreed period, but there are other events where a particular query may be referred to appropriate counseling. Carlos Alberto Gemetro
Advocate Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar
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