Cesión de créditos en el Código Civil Peruano: críticas fundamentales

Abstract

When the contracting parties decide to make the assignment of credits we have several disadvantages , such as: if through the assignment of credits we can transfer other rigths, if we are facing an act of obligation or an act of disposition, who should be preferred in the case of concurrence of creditors when more than one assignment is made on the same right , among other controversial issues that we will deal with in this work. Although this institution has been widely treated in the legal doctrine and its foundations are of singular importance for our society, like many of the institutions of the Peruvian Civil Code , the true scope of the assignment of credits is still difficult to understand . Through this doctrinal and legal study, we intend to show some of the serious deficiencies that this institution presents in the Peruvian Civil Code which, like other legal systems, has not managed to give it a systematic treatment , forcing us to seek answers in a wide variety of ways doctrines that struggle to impose themselves, but without becoming consolidated as the basis for a coherent regulation that encourages hiring through a clear and precise ordering. One of the conclusions states that in the peruvian legal regime, for the transfer of a thing , the purchase contract would be the acquisition title and the delivery (movable things) or the concurrence of article 949 of the Peruvian Civil Code (real property) would be the way to acquire.