Abstract

GRASSO, Manuel. The problem of responsibility of the delinquent creditor in the new Argentine Civil and Commercial Code. Prolegómenos [online]. 2020, vol.23, n.46, pp.133-148. ISSN 0121-182X.  https://doi.org/10.18359/prole.3663.

The Argentine Civil and Commercial Code lacks an express norm imposing on the delinquent creditors the obligation to reimburse the expenses and compensate the damages caused by their default. However, the doctrine recognizes that obligation without giving many explanations. This article uses the methodology of legal dogmatics and aims at addressing the problem using Argentine legislative and doctrinal sources and reviewing some European and Latin American regulatory models. After examining this material, an attempt is made to build a solution based on concepts and rules present in the Argentine Code itself. In particular, the normative definition of obligation, the requirements that derive from good faith, useful employment and enrichment without cause which make possible to create an articulated solution that can respond to the problem of the negative consequences suffered by the debtor willing to comply, but unable to free himself for reasons attributable to the creditor's own realm, guilty or not.

Keywords : creditor default; expenses and damages; good faith; useful employment; new Argentine Civil and Commercial Code; comparative law.

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