(2) If not agreed, default interest shall take effect only if the debtor requires judicial or extrajudicial enforcement. If the default interest rate has not been agreed, the statutory interest rate applies. In 2022, the maximum legal interest rate is 8%. This rate applies to commercial late payments, i.e. those that occur between companies. Since the obligation to pay interest has been expressly agreed, when the claim is lodged, default interest is required from the date on which the debtor defaults on the principal claim. B) Procedural interest: they will be calculated from the date of the judgment of May 15, 2021, until Pablo pays the amount due at the rate of the legal monetary rate (3%) plus two points, i.e. the procedural interest is 5% per year until full payment of the debt. It is customary to have doubts about the legitimate and legal procedure of demanding default payment if interest has not been agreed.

He has trained and trained the staff to deal with this special professionally, satisfactorily and effectively. Once rendered in the first instance, any judgment or order ordering the payment of a sum of cash shall determine, in favour of the creditor, the accumulation of an annual interest equal to the legal interest on the money plus two points or those corresponding by agreement of the parties or by special provision of the law. The defendant appealed and the court ruled that there was only room for civil interests. In all contexts related to the types of interests described above, Rodenas Law Firm offers a competent, fast and efficient service. Our firm has the knowledge, maturity and experience in this field to assert your rights as a creditor. A separate issue is the relationship between the two types of interest (moratorium and proceedings) where, in the action, the plaintiff has applied for an order for payment of the capital owing, plus default interest. In this case, the case-law of the Court of Justice is Interest on income due for rents Statutory interest is interest rates fixed by law which are not agreed between the creditor and the debtor. The procedural interests governed by Article 576 of the LEC, as we have seen, are applied ex officio by the Court of Justice, they only require that there be a judgment condemning the payment of a certain amount of cash, and from that moment on, the obligation arises “ope legis” to pay it (“by law”), which means that your claim is not precise and that it produces its effects from the judgment of first instance. The procedural interest is automatically applied ex officio.

It is not necessary for the parties to request it. When a judgment is rendered that requires the payment of a certain amount, they begin to calculate. As regards procedural interests, Rodenas Law Firm indicates the nature of the judicial franchise it wishes to exercise in favour of the creditor. This interest rate focuses on obtaining the full amount in the shortest possible time, which is reflected in monetary and procedural interests. 2. Interest on arrears shall be governed by Article 1.100 et seq. of the Civil Code, while procedural interest shall be governed by Article 576 of the Code of Civil Procedure. The interest of the delay of the proceedings does not require that the judgment expressly condemn them. The Criminal Chamber of the Supreme Court, in its judgment No. 434/2018 of 28 September, recalls that “in the concept of `legal interests`, the `procedural interests` referred to in Article 576 LEC must be distinguished from the `default interest` governed by Articles 1108, 1100 and 1101 of the Civil Code. The former consider science education in a peaceful manner and have their raison d`être in the attempt of the legislator to dissuade the convicted person who intends to delay the payment of the cash to which the judgment condemns him by filing appeals, incidents in the execution of sentences or other delays.

In other words, those `procedural interests` constitute a kind of mechanism designed to ensure that the injured party is quickly and fully satisfied with his economic interest, without having to bear the costs of delay in lodging and justifying appeals and, where appropriate, appeals and, where appropriate, appeals on a point of law. The most salient feature of these interests is that: (a) they have been configured for this dual purpose: to preserve the value of what the judgment condemns on the one hand, and as “punitive” or “dissuasive” interests in filing reckless appeals on the other; (b) were born ex lege; (c) generated without prior request by the party; (d) even without them having to expressly condemn the judgment and without it being necessary for the judgment to become final. Procedural interest is accrued in favour of the plaintiff, who sees a request for receipt of a sum of money granted. (Previous court, arbitration, mediation…). It is intended to prevent the debtor from complying late with the judgment to the detriment of the creditor. It also compensates the creditor for legal actions brought by the debtor that result in delays to the detriment of the debtor. One of the conditions for the use of legal interest is that it is applied in cases where no interest has been established for non-compliance or illegal collection. The most important cases of application of legal interests are: The so-called procedural interests of Article 576 LEC fulfil a dual function: they make me pay € 258`37 to an airline and they tell me that I have the right to claim statutory interest plus two points of this amount from 24 November 2017 to today, and I do not know how this operation is performed I could say q is what suits me Greetings.. After the due date, payment will no longer be available. Since the contract does not contain any express reference to the accumulation of default interest, MANUEL can only assert this if, for example, sends an office fax to LUIS claiming the debt (extrajudicial claim) or filing the claim (legal action). Procedural interest implies an economic increase in the guilt of the convicted person.

From the date of adoption of the court decision, procedural interests shall prevail. This interest rate is regulated by the Code of Civil Procedure (LEC).