It is relatively common in practice that the time come for the fulfilment of an obligation, the debtor is not able to execute the proper provision. This possible situation the creditor can take legal action against the assets of the debtor to satisfy their right to credit. However, such a possibility may be scarcely striking for the creditor according to various reasons related to the judicial reality. This situation isn’t at all strange that any of the subjects involved in an obligation to adopt the initiative to replace the benefit due by another, although that eventuality not is has initially contemplated in establishing the obligation when (assumed that would give rise to an obligation to alternative or optional). This change of the due provision is often called in real traffic as credit or debt renegotiation and has tax by economic or commercial agents without the need of attributing a technical and legal sense accurate, approximately connected with the theoretical notion of legal business. Negotiate a credit is therefore a term colloquial to trafficking to manifest that, face the difficulty of his collection, parts of the compulsory relationship are trying to find an alternative solution, replacing the delivery due to any one that meets best the interests of the creditor and the debtor or, otherwise, be preferable to the exercise of legal actions or the delay in the implementation of the provision initially due. On certain occasions, this workaround will entail the conclusion of a contract of novatorio nature of the obligacional relationship, and in other cases the change of the provision will not being an act of the debtor effectively full solutoria compliance. Obviously the business of such agreements character not unnoticed as it requires the consent of both parties, because without the agreement between the creditor and the debtor, the conditions initially agreed upon in establishing title of obligation cannot altered. .
previous
next