Law 22/2013, of November 28, in which establish measures against delinquency since the General Council at its session of November 28 2013 has approved the following: law 22/2013, of November 28, in which establish measures against delinquency reason although the Andorran legal system already contains the rules of positive law on the arrears of the debtor seeks to introduce an innovation in which the maturity of certain obligations is fixed by law on a particular date, and have the right to receive interest on arrears without need for a request.
Beyond the provisions of the common law on this matter, and that the jurisprudence of the courts has estatuït in this regard, and in order to reinforce the constitutional principle of legal certainty, it is necessary to establish rules which arise in term of performance of those pecuniary obligations and, therefore, the moment in which the delay with regard to the obligations between employers as well as the consequences of the delay.
The period set forth in this law because it produces the mora is 60 days from that is considered contracted obligation of payment, which is a term that can be considered suitable to the habit in the matter, and from which establish that the debtor may reduce interest.
However, it establishes, on the one hand, to agreement between the parties it is possible to shorten this period, in which case the delay will be, to all intents and purposes provided for in this law, within a period agreed upon; and, on the other hand, which by agreement of the parties can be expanded this term, although in no case more than 90 days is considered contracted obligation of payment. In all cases, produced the mora should merit the same interests.
Indeed, until this moment, the only consequence of the mora is the duty of payment of legal interest, understood as the price of money. In this law, it is expected that the delay would require that the debtor has to pay double the legal interest, as a sanction.
On the other hand, so far, the Administration, both the general and the special procedures, governed by communal to deal with the payment of the charges incurred for the procurement of goods, works and services, which are reflected in the general law of public finances of December 19, 1996, and the law 10/2003, of 27 June , of the communal finances.
However, and in order not to produce distortions in the chain of payments-payments between employers, and has had that the Administration is who holds most of the major amount of the contracts, has been considered the need for the Administration to meet the terms of your payments with employers with whom to hire, in the same way that they have to do the business between them.
Otherwise, it will lead to the fact that the employer has contracted with the Administration could find himself in the event undesirable to have the obligation to pay, and not to make it, having to endure the interest of arrears, without having charged the administration.
In the first chapter, General provisions, establish the definitions and the scope of application of the law.
In the second chapter it is anticipated that the period in which, as a maximum, you must make the payment of the pecuniary obligations that fall within the scope of application of the law, is of 60 calendar days from the envisaged for the generation of the debt. It is expected the Pact on the contrary in the sense mentioned above.
Establish as exceptions to the provisions of this Act are debts arising from commercial transactions in which consumer participation, and the debts of employers subject to the procedures of cessation of payments or bankruptcy.
It also establishes that the delay of the pecuniary obligations that are in the scope of application of the law involves the payment of an interest equivalent to double the legal interest. In addition, the creditor can claim all costs generated by the payment of the credit.
Finally, the third chapter sanctioned with invalidity the unfair terms which may be included in contracts to leave without effect the provisions of this law.
The law is complemented by a transitional and final provision.
Chapter first. General provisions Article 1 Definitions for the purposes of this law shall be considered as:-Employer: any natural or legal person who is acting in the exercise of their economic activity and/or professional, including public societies.
-Administration: the Government of Andorra, the common, the quarterfinals, Andorran parapublic entities, and autonomous bodies or entities of public law of Andorra.
-Business: a) the agreement, contract or agreement with economic significance held between entrepreneurs for the supply of works, goods and goods or for the provision of services.
b) the agreement, contract or agreement with economic significance held between the Administration and an entrepreneur.
-Bad debt: the breach of contractual or legal terms of payment.
-Term of payment: all days of the year, and is null are excluded from the calculation agreements that the holiday periods.
Article 2 scope of application 1. The provisions of this law shall apply to all payments to be made by: a) business held in the Principality of Andorra between businesses or between the Administration and entrepreneurs, b) business held abroad between businessmen, and in which a part is home to the Principality of Andorra, if in this business has been expressly made a manifestation of subjection to the Andorran law.
2. Get out of the regulation of this law: a) The payments to be made by operations in which made use of consumers;
b) payments that are subject to procedures of cessation of payments or bankruptcy.
Second chapter. Term of payment, arrears, interest and compensation Article 3 payment period in business to which refers article 2 of this law the payment period occurs: 1. generic form: a) 60 days after the date on which the debtor has received the invoice or equivalent document.
b) if the date of receipt of the invoice or equivalent document is doubtful, in the 60 days after the date of receipt of the goods or provision of services.
c) if the debtor receives the invoice or equivalent document before the goods or the services, at 60 days after delivery of the goods or the provision of services.
d) If legally or contractually established a procedure of acceptance or verification, by virtue of which you have to verify the conformity of the goods or the services, and if the debtor receives the invoice or the equivalent document before or on the date on which such acceptance or verification takes place, 60 days after the date of acceptance or verification. However, the payment may not exceed 60 days from the date of delivery of the goods or the provision of services.
2. In the event a) of the previous paragraph, and in the case of bundles invoices in an invoice-summary, for the purpose of facilitating the payment, and provided that this invoice covering goods and services delivered within a period of no more than 15 days, the calculation begins in the middle of the period included in the invoice summary.
3. The periods laid down in paragraph 1 of this article can be shortened by agreement between the parties, in which case the delay will be, to all intents and purposes provided for in this law, within a period agreed.
4. The deadlines laid down in paragraph 1 of this article may be extended by agreement between the parties up to a maximum of 90 days.
Article 4 Mora the forced payment of incurred in arrears if the term and conditions that have been established in the previous article has not satisfied the payment, and provided that the creditor has fulfilled its contractual and legal obligations. In this case, the delay is automatic and occurs without notice or requirement.
The delay involves the payment of interest provided for in the following article, except in the case that the debtor test that the delay in payment is not attributable.
The debtor does not have to pay the interests set out in the following article if you set a compensatio morae, a ecosystems or judicial approval of refinancing agreement.
When the debtor is it because, despite having already paid it to your provider in advance, has not received delivery of the contracted benefit, you can also claim the perception of the moratori interest.
Article 5 The Interest arrears means that the amount owed will generate the interest equal to the double of the current legal interest at the moment in which the arrears.
Article 6 Compensation When the debtor defaulted, in addition to the interest specified in the previous article, the creditor is entitled to claim compensation for reasonable expenses when incurred for credit payment from the moment de la mora.
In the event that the claim is greater than 30,000 euros, these costs may not exceed 15% of the amount due.
Third chapter. Nullity of unfair Article 7 nullity of unfair terms Are null the clauses of the contracts which contain abusive conditions with regard to the deadline for the payment of the obligations, to the obligation to waive the compensation or in the interest of delay. In particular, is null the covenants that set up a payment period higher than provided for in article 3.4, the obliging to the creditor to give up compensation payment determined in article 6 or to establish an interest in arrears less than provided for in article 5.
Article 8 integration of contract The judge to declare the nullity of a clause to the contract with moderators on the abusive powers integrates the rights and obligations of the parties.
Transitional provision the provisions of this law apply to business held after the publication of this law.
However, and for a maximum period of 24 months from the entry into force of this law, those entrepreneurs who have awarded a contract prior to the entry into force of this law, and that the fulfilment of its benefits in this have awarded contracts with third parties, or the need to grant, will be able to establish with these third party creditors of payment higher than those established by law. Because this paragraph is applicable to the contracts with third parties must have a direct connection with that awarded prior to the entry into force of the law, either by outsourcing benefits, whether to stock up on goods or services necessary for the fulfillment of these benefits.
Final provision this law enters into force three months after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 28 November 2013 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande, President of the French Republic of Andorra Co-prince Joan Enric Vives Sicília Bishop of Urgell Co-prince of Andorra