TÉCNICAS DE COCCIÓN Y PREPARACIÓN
3.3.1.3 Blanquear en Microondas
Article 167: RIGHT OF EXECUTION OF THE GUARANTY(revoked by Law 27287)
Any joint and several guaranty with a waiver of the right to excussio of a security, confers the right to execution against its subscriber, in the same terms as prescribed by applicable legislation with respect to guarantors.
Article 168: (*) RENEWAL OF SECURITIES IN THE POSSESSION OF COMPANIES OF THE SYSTEM
(*) Amended by Law 27102 of May 5, 1999 and revoked by Law 27287 of June 17, 2000
Any securities in the possession of a company of the
financial system representing obligations in its favor, may be renewed thereby upon expiry or thereafter, provided the
debtor has issued its recent consent in advance and the
negotiable instruments have not been prescribed. In such
case, the calculation of the prescription term shall start on the expiry date of each renewal.
In the case of extension and renewal of warrants with
respect to perishables, the express approval of the general warehouses issuing the instrument must be obtained.
Article 169: PRESUMPTION OF GURANTY ENDORSEMENT
Whenever a security or other instrument subject of
negotiation by endorsement, except for checks, are in the
possession of a company of the financial system, the
endorsement issued thereon shall be presumed to have been made as a guaranty, unless otherwise stipulated.
The mere delivery to a company of the financial system of
bonds and other securities not included in this article
shall not constitute a pledge over such assets to guarantee
any obligations on the part of the party making the
delivery, unless otherwise stipulated.
With respect to the pledging of stock, the pertinent
provisions of the Business Corporations Act or of the
Securities Market Act, as the case may be, shall govern.
Article 171: PRE-EMPTIVE NATURE OF SECURITY
The pre-emptive nature of security, whether or not
registered, shall not be affected by the eventual existence of tax obligations of the debtor.
Article 172: (*) GUARANTIES BACK ALL OBLIGATIONS WITH THE COMPANY
Amended by Law N° 27682, amended by Law N° 27851 of October 21, 2002
All assets pledged in mortgages, as collateral or warrant
in favor of a company of the financial system, back all
existing and future own debts and obligations assumed with the company by the debtor who pledges them as collateral, provided that the contract stipulates so.
When the assets pledged as collateral in favor of a company of the financial system belong to a person different from
the debtor, these only back the debts and obligations of
the debtor expressly specified by the person pledging the collateral.
The release and extinction of any security pledged in favor
of companies of the financial system shall need to be
expressly declared by the creditor company. The extinction
prescribed in Article 3 of Law 26639 shall not be
applicable to any lien instituted in favor of the company.
Article 173: EXTENSION OF CORRESPONDING COMPENSATION
All collateral and mortgages pledged in favor of companies
of the financial system shall be extended to the
corresponding compensation in case of an occurrence, if the
property is insured, and not withstanding any insurance
which may have been contracted in favor of the company.
Without the need of a court order, and upon the simple
written request of the company of the financial system,
insurance companies shall be obliged to provide the
payment in the event that compensation is provided to a third party.
In the case of insurance covering goods backed by warrants, the collection of the relevant compensation shall be done
in accordance with the provisions of Law 2763 governing
warrants and general warehouses.
Article 174: EXTENSION OF THE AMOUNT TO BE PAID BY THOSE RESPONSIBLE FOR PLEDGED ASSETS
The right enjoyed by companies of the financial system
deriving from the pledging of collateral or mortgages in
their favor shall be extended to the amounts to be paid by
those responsible for the loss, damage or destruction of
the assets pledged.
If there was a civil or criminal process underway,
regardless of its status, even if sentence is being
executed, upon the simple written request from the company, the court shall must order that the amount which may have
been determined, be paid directly to the company. The
company shall be considered as part of the proceeding and
may substitute the plaintiff or civil party, as the case
may be.
Article 175: SALE OF PLEDGED ASSETS
Companies of the financial system may request the sale of any assets which may have been pledged as collateral or in mortgage, in the following cases:
1. If the debtor fails to pay one or more installments on the dates established.
2. If the collateral had depreciated or suffered damages to such extent that it may jeopardize the recovery of the credit, as stated by a specialized appraiser registered with the Superintendency.
3. If the debtor or a company of the financial system are
charged with respect to the ownership of the assets
pledged as collateral.
4. If the debtor sells the assets or pledges the assets
offered as collateral to the detriment of the rights
corresponding to the company as a creditor.
5. If under any method, the debtor assigns the possession of the assets pledged as collateral without the consent of the creditor company.
Article 176: REGISTER BLOCKING
Companies of the financial system and of the insurance
system may use register blocking for the recording of any
the provisions of Decree Law 18278 and its amendments and extensions.
Any contracts celebrated between these companies and their
clients may be extended by private document signed or
authenticated before a notary public, which shall be
registered with the corresponding public registry without
the need of granting a public deed, except for contracts
which may exceed forty (40) Tax Units, in which case a
public deed shall be required.
CHAPTER VII