Civil Code

In this way, the assimilation of the figure of the sale with payment in kind is only acceptable with instrumental nature by certain operative rules applying to the contract of sale, when they are consistent with the very nature of the dation in payment. And this nature has aims to extinguish a pre-existing compulsory relationship and not to create ex novo an obligacional contract, because as they perform the doctrine and the jurisprudence, it should be the accent in the extintivo character (causes solvendi) agreement of conveyance which, although it has business nature, does not have the qualification of contract itself. On the other hand, is very abundant jurisprudence that will differentiate the dation in payment with another sympathetic figure as it is the so-called transfer of goods for payment or payment by transfer of goods which, though not found expressly regulated in our Civil Code is being equally admitted to our right. The assignment of property (damage pro solvendo) consists in the transmission of the debtor to the creditor’s possession and administration of their goods or part of them so you settle them and apply the price obtained payment of loans and, therefore, this transfer does not involve, automatically the extinction of the obligation to originaria.Como we have pointed out, jurisprudence has been reiterated to distinguish the dation in payment damage pro soluto-payment by transfer of goods data pro solvendo-. Thus, the judgment of 28 June 1997, collecting many more earlier, says that: has recalled the reiterated doctrine of this room on the differentiating features between the damage pro soluto and damage pro solvendo, collected, among other things, in judgments of 14 September 1987, 4 and December 15, 1989, 29 April 1991 and 19 October 1992widely exposed in the 13 of February 1989 saying that the damage pro soluto, significance of adjudication for payment of debts, although it does not have a specified definition in the civil substantive law, although Yes in tax matters, it is an act whereby the debtor transmits goods of its property to the creditor, to the well-received this apply to the extinction of the credit that was holder, acting this credit with equal function than the price in the sale, given that, as you have declared this room in ruling on December 7, 1983, is well catalogue the legal business that involves for sale, already configured as novation or complex act, its regulation must accommodate analogically by trading standards, lacking rules specific, acquiring the credit that with such cession is extinguished, as it is said, the price category of the good or goods delivered to the adjudication in payment of debts, while the second, i.e. the damage pro solvendo, revealing Award for payment of debts, which has specified regulation in article 1175 of the Civil Code, is configured as a legal business by virtue of which the debtor owner transmitted to a third party, which in reality acts by custom, the possession of their property and the power to proceed to its implementation, with greater or lesser extent of powers, but with the obligation of applying the amount obtained in the alienation of those to the payment of debts incurred by the transferor. Original author and source of the article.