2023-06-12 01:30:15
The judge considered that, when there is a “degradation of the economic equation of the contract due to an extraordinary event, supervening and unrelated to the parties” it is valid for Justice to intervene.
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“The amount of the installments to be paid by the plaintiff will be updated, from August 2019, based on the evolution of the CVS published monthly by INDEC”, Quirós ruled, clarifying that this will not imply “extending the number of installments originally planned” or changing the agreed interest rate. This means that the value of the debt must be taken back to that date and recalculate what has been paid and what remains to be paid using the CVS index.
The story of Eliana Yáñez, one of the many who had to tighten her belt because of the UVA
On November 23, 2017, with all the illusion on top, Eliana signed the deed constituting the mortgage with Banco Nación. Through the contract they gave him a credit of almost $2.5 million that I had to return in UVAs in 360 installments and that it would be used to buy his part of a house in the City.
He started paying $8,000 in January 2018 but the amount started to grow and grow at the rate of inflation. When he paid the 46 he said enough and started the lawsuit in Justice. By then, in October 2021, he was already paying $53,000 quota, 700% more than what the first one had cost.
She lost all her ability to save, not to mention that she is divorced and is the breadwinner of a household with three children, one of them totally disabled.
Eliana’s situation became hopeless but she never stopped paying the loan fee. She is a doctor and in order to fulfill her obligation she began to take more jobs until she had four, including one in the provincial Justice. “She got out of hand,” she said as she told her story on Channel 7.
His life became a “hell” and he did not sleep thinking about debt She only lived to work, while her mother helped her with her three children.
After two years of legal struggle, the ruling finally came first instance. It is the third case of a man or woman from Mendoza that has a favorable resolution.
In practice, what the sentence mandates is to freeze the debt at the value of August 2019, which was about $2,900,000. And now, how should one be made? Readjustment of what you have already paid in UVAs to CVS to effectively know how much of that debt you have already paid and how much you have left to payyou must wait for the work of the accounting experts.
Once they finish the report, you will know how much the remaining installments will be until you reach 360.
What the judge said when analyzing your case as a UVA credit taker
Pablo Quiros considered that “the legal system must provide an answer when the degradation of the economic equation of the contract is noticed in the stage of the negotiation execution by virtue of an extraordinary, supervening fact and alien to the parties.”
Because otherwise, “demanding compliance with a denatured contract would be demanding from the parties what they did not agree to or really want”.
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There is no doubt, says the judge, that the difference between the evolution projected for the inflation indices by the State itself and what happened in reality it is a fact that escaped the reasonable forecast of the debtor and that it does not integrate the risk assumed by it. Moreover, he highlights, the Central Bank itself in its news section indicated in April 2017: “The UVA is especially useful for long-term financial contracts, because it assures debtors and creditors a certain real value for future payments, eliminating the risk that unexpected inflation or disinflation would have on the contracts”.
And he also alleges before issuing his sentence that “apart from contemplating a legitimate purpose” his decision “is consistent with the constitutional guideline of the art. 14 bis that contemplates the protection of the family and access to decent housing“.
What the judge ultimately decided was that the UVA index be replaced by the CVSwithout a limit on the affectation of income and since August 2019, considering that there were tranches of the contracting in which the UVA index was lower than the CVS.
All this task will have to be done by accounting experts.
The magistrate considers that this solution is fair because it commands and distributes a proportional effort to the two contractorsthe borrower and Banco Nación, given that the obligation is recomposed but the compensatory interest or the presence of an update mechanism are not eliminated.
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