Desmontando el baremo con Mariano Medina se trata de entrevistas de Manuel Castellanos con nuestro asociado de honor, el maestro Medina Crespo, donde dará una visión descriptiva y crítica del actual baremo de valoración de daño corporal en accidentes de circulación para su aprovechamiento en los asuntos profesionales de los abogados especializados en la materia.
Puedes consultar más información en https://anavarc.org/.
Una producción de Loupod (www.loupod.es).
Puedes consultar más información en https://anavarc.org/.
Una producción de Loupod (www.loupod.es).
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
You are listening to a lowpod productionwelcome with Mariano Medina, a training podcast
(00:24):
of anac National Association of Accident VictimsLawyers and presented by lawyer Manuel Castellanos,
aimed at professionals who have to usethe assessment scale of bodily damage of the
year two thousand fifteen to determine thecompensations to which victims of accidents are entitled.
(00:52):
Hello begins to hate dismantling the Medinamonkey I grow a podcast of the
National Association Daba Godos victims of accidentsand civil responsibility to Nava rc L.
He speaks with you, Manuel Castellanos, who is pleased to greet Mariano Medina,
(01:15):
who is also with us today.How about Mariano, very well,
very phenomenal, because the other day, at the request of a listener of
a partner of Palma Mallorca that theother day I said it at the end
to be attentive if I had heardthe complete podcast that is Manuel Ponce,
because today I say it at thebeginning, because the truth is that we
(01:38):
stayed in the inktero the rest ofarticle forty, as it was very difficult
for Mariano to explain the compatibility ofthe interests with the update and the criteria
that Mariano has or recommends us andthat justify this interpretation, between quotation marks,
(02:06):
particular of the number two of articleforty. We had the rest of
the explanation of the same article,which, as you will recall, is
the time to determine the amount ofthe arcitorial items. The other day we
ended up talking about the number ofpoint two. In any case, this
update will not proceed from the momentwhen the start of the event comes from
any interest in moratoria, which alreadyexplained to us Mariano what is his criterion
(02:30):
in this respect and the number threespeaks of the rules of the two preceding
paragraphs will also affect the items ofexpenditure realized, starting from the nominal satisfied
on the date of its disbursement,and the number four, which states that
if payments are made on account ofthe amounts that are paid, they will
(02:50):
be updated in accordance with the rulesset out in the preceding paragraphs and will
be deducted in this way from thetotal amount. Well, then, let
' s conclude today if we canwith this article forty and the time of
determination of the amount of the resocitoriaitems, that the otoria also put it.
In relation to article forty- nine, which you also read a good
(03:13):
excerpt Mariano, as we go likethis today. We finally finished explaining this
tedious article. All right, let' s see. In addition, I
am glad that there is something looseso that we can continue with it,
because just the next day we willend the interdiction of this matter. At
that time, when I no longerhave a remedy, I remembered the name
(03:36):
of the Italian author who mentioned atthe beginning that he has a beautiful book
that is in Castellan another llves thedamage that Adriano de Cupis Mira is.
It' s a book I advise, and besides, a few weeks ago,
a colleague, talking to him,I recommended this book to him.
And since no one reads anything andold booksellers have crises, he bought it
(04:00):
in an old man' s bookstorefor some euros and it is a jewel
of the book, that is,to pay six or seven euros for a
jewel Adriano de Cupis' book iswonderful. Wonderful in turn, as we
continue with the subject. I didnot explain a little well why this hasty
(04:26):
is so badly drafted, that itwas I who proposed the relationship within the
Committee of Experts. And that's because when I did my doctoral thesis
and analyzed the entire structure of intereststudying here in Argentina, they are unfortunately
(04:47):
experts on the subject of inflation andthey know it very well. I was
convinced that the mobile interest, themobile interest, the mobile interest rate,
should be accompanied by inflation. WhatI do not say is that the Government
(05:15):
would be able, for reasons ofeconomic policy, for partisan reasons, for
altruistic reactions, for social reasons.I' d be in favour of turning
the mobile guy into a fixed one. Or as it' s been in
the last few years, it's been in the three, in the
three, in the three, inthe three, every time it' s
been one, the three, ithasn' t incorporated any rate of inflation
(05:36):
if there was inflation. Another thingis that, as happened in some year,
there was no inflation and then thefollowing year, for interest, for
the next was only the three,because it could not incorporate quota that had
not been and can not be decreasedas there was a year where there was
(05:57):
deflation and where there was a negativequota. And that doesn' t mean
to decrease the three, because thethree is something else, it' s
the price of the processed light calculatedand other good good. This condition that
the double function of interest would alwaysbe maintained by incorporating the variable rate of
(06:19):
inflation into the fixed rate. That' s what led me to write the
precept. This as it is writtenand immediately once it is written, is
when I suddenly discovered the major errorthat I had made when you discover that
there are interest rates of annual interestthat do not incorporate inflation quota, thus
(06:41):
disappearing the basis of the rule.But this can enhance the role of the
jurist. The jurist cannot be literalistic. Then knowing how to interpret the rules.
Knowing that you cannot literally interpret arule against its function is fundamental and
that inquiring The basis is translated incases where the compatibility of interests has to
(07:08):
be applied, because they are notin compatibility is not enriching. Well to
all of this. I am thinkingas you speak and clear in a lawsuit,
whether criminal or civil, in thephase of conclusions, because you have
(07:29):
to talk about prescription, you haveto talk about active and passive legitimization,
you have to talk about facts,you have to talk about reparation, you
have to mention the clear scale whenyou reach the interests, you arrive exhausted.
Therefore, or you make some provisionalconclusions in the criminal life, where
in writing you explain your whole thesisand in the report you refer to it
(07:53):
or in the lawsuit, in thelegal grounds, in the chapter of moratoria
interests. You explain it very well. Or there' s no judge here
to hold you. There is nojudge to endure the explanation of this compatibility
between valoristic update and interests. Whenthey do not incorporate the inflation quota,
(08:15):
then of course. I believe thatthis is strictly legal, is to explain
it in writing. Of course lookthere is a reality and that is that
within the article that regulates hermeneutic criteria, what he called that the fundamental data
(08:39):
that made sabiñí of logic, historysystem, those that are in article three
of civil code, is that ofthe purpose. Of course, the purpose,
which is the little nails. Nolegal norm can ever be applied without
(09:01):
grasping its raison d'être,because the i de cris of a norm
is in the unexpressed but verifiable raisond'être of the norm, and
that is key then in the criminalsphere, since that is said, asked
(09:22):
for and asked for updating and interestsin compatibility regiments are requested, because it
is enough to say, from thatyear to that year, none of the
years has been in violation quota,that it has been possible, that it
has been incorporated to the rate ofinterest that has been maintained as fixed at
three percent, that is the onethat we have been since the year so
(09:46):
long, fixed then that is thatphrase. They don' t really support
it, but as soon as thejudge reads it, if he reads it,
it' s what' s different. And tonces left wondering why the
incompatibility is. And that' selementary. You don' t have to
(10:07):
be a virguero to know what thereason is. The reason is that you
cannot update a credit at the sametime twice and how and why you act,
why you incorporate it, why thereis a doubled update, because the
interests update. But what interests can' t leave is to compensate profit for
that sacred thing. Therefore, ifthe fixed rate was three percent, there
(10:33):
have been variants of type and ofin a few years. Even if there
is inflation, it is stress,it is elementary to know that it does
not incorporate inflation quota. This Italianshave it analyzed perfectly. Let' s
(10:54):
go because they have suffered it clearlythen said briefly is to make the judge
not explain of all the scroll,but to invite you to think already clear,
considering that one of the criteria orhermeneutics that are not in assets of
see is the comfortable one. Thatis not the principle of minimum intervention.
(11:18):
No, but the good judge whowas interrupted. It' s good.
Not well, then I strictly onlystayed. Or I also insist a lot
on another day and whether in thereason why it is the rate of inflation,
the rate that is applied, therate that has to be applied.
I insist very much on distinguishing,not relating the forty to the forty-
(11:43):
nine, but putting ourselves in disrelation. Of course, it has nothing to
do with the forty- nine.And for comfort and following the effect of
what happened with Baremos the ninety-five associates, update the jeditos with the
updating of the amounts. But thatis not the case, because updates of
(12:05):
the amounts are made by the governmentlegislator, the legislator, as he pleases
and according to his own policy reasons. Instead, what is untouchable is the
very credit update. That is sacred, sacred by preventing it from being updated
(12:28):
or from being updated twice. Therefore, when it is very interesting to analyze
the structure of the interest of articletwenty of the secure contract, because that
interest, which is a special legalinterest, can perform two or three functions,
(12:52):
the sacred one of the fixed oneand the fixed quota of the lost
profit, the sacred one of thepunishment, the sacred one of the punishment
and the eventual one of the valoristquota, which may or may not be
incorporated or partially incorporated all. Sure. The problem is, therefore, whether
the share of inflation in the interestrate is lower than the rate of inflation,
(13:20):
which has also happened to someone whohas passed that. Incompatibility is not
absolute. What needs to be doneis not to harm the injured person.
How is it not harmed by updatingthe principal and by liquidating the interest,
(13:43):
removing the insufficient share of inflation.If the rate of inflation has been ten
and the interest is in arrears,the rate of intersmanatorium has been set at
eight. We have that of thateight three is the fourth fixed five the
(14:07):
partial share of inflation, but inflationhas been ten. What solution, then,
has to update the credit and theincompatibility is not done not by updating
the principal, but by removing theupdate of the interests. Hey, we
didn' t say this. Theother day, but this is already the
(14:28):
face of the mess. But ifyou have the clear idea, it'
s very easy to apply. Let' s go to what' s left
of us. To put an endto this issue which I understand is hard
hard, I will explain the reasonfor the point is the third. The
(14:52):
third one does have a raison d'être, too. The rules set
out in the preceding paragraphs shall alsoapply to expenditure items on the basis of
the nominee satisfied on the date oftheir disbursement. If we said it the
other day, we would repeat it. The reason for updating the claim is
(15:15):
that the amount given to you correspondsto the value of the damage on the
date of claim. It affects allthe items and why the rule puts it
that it would not be necessary,because look there is nothing more to study
(15:39):
the jurisprudence of decades and decades wherethe Supreme, the hearings updated the credits.
They said we' ve updated thecredit. I remember that that time,
that there was a strong inflation,that you had serious injuries and you
had broken the car, you hadbroken it and you repaired it and it
(16:03):
cost you six thousand pesetas repair.And the trial was held eight years later
and you claimed. There was novarem, you claimed and the judge said
(16:25):
I grant him so much compensation.I apply the valoristic criterion, updating the
quantity. What amount did the judgeput, not the updated amount, not
the updated amount, of the historicalamount, but what he considered on that
(16:45):
date. That' s why almostall the amounts updates he made to you
made the courts were fake. Theywere false because it was what the judge
considered to be worth in the presentbecause of. Because, since there was
no law the poor judge was unableto know what he would have given,
(17:07):
what he was in the race,he was doing the race, what he
would have given fifteen years ago.Therefore, the only solution was as it
is currently doing, with cheating.The fourth chamber, the third chamber of
the Supreme Court, which they cheat, does not update. You never say
it' s up- to-date. It' s up- to
- date. They never reason whatthe update consisted of, because they don
' t tell you what value historicalgives them. Now yes, you had
(17:33):
the six thousand pesetas on the billand the and fifteen years later you were
given six zero pesitas. But that' s the repair bill, preparation.
But, well, you' vealready repaired, yes, and that'
s updated. No, no,yes, there is one that updated you,
although it is already, even ifit is repaired, of course,
even if you have used it torepair. If islo has paid the simpresins,
(17:55):
the invoice, the invoice, thisyes, that is to understand,
is that it is like this inall houses and only and I think it
was also, I think it wasJudge Byo who was then Minister with him
I am one of the first thatrealized that and being he in the provincial
(18:17):
audience, I think I remember that, being in the provincial audience in Bilbao,
he was one of the first tostart updating the bill quantities because of
course it was a scandal. Sixthousand pesetas fifteen years ago and you were
given six zero, but you don' t say it updates. The bottom
line is that they didn' tupdate anything, they didn' t update
(18:40):
the six million now, they didn' t update or update what they said
they were updating, because what theywere doing was establishing the present value of
the damage, the present value,not the updated historical value. But the
doctrinal criterion was correct and that isLande valid in law and as the judges
(19:02):
have had tendency, eye and lawyersdid not ask for the update either.
I mean, it' s notthe judges' fault, the stolen ones.
If you asked for six zero,no matter how valoristic a judge would
forgive your life and could tell youlook, sir I drink you, I
give you six thousand and not twenty, because you have not asked for the
(19:26):
update. Not sure, I,therefore predict that the update should be ex
officio, as it is in theadministrative way. It should be, you
see, it should be like reading. I, I in the lawsuits,
can hold good. But as soonas you say it, I' m
out of business. Yeah, yeah, but even if I say so,
(19:48):
it' s hard for them notto update it too much. No,
it' s not much. I' m in charge. I beg you
in one other yes I say.Interest is requested and if you don'
t end up with interest, thenconsider the article. Forty make that clear,
but fair a lot. It costsa lot. It doesn' t
cost us much because it' sa little complicated. Not today because I
can understand that you, the amountof money you set in demand, is
(20:11):
a fixed amount of a certain andquantified amount and you' re asking that
that story says no is not thatit' s modifying the amount. No.
I' m not applying the law, I' m applying aricle forty
and then we said it and we' re done with that a little bit.
This one a little bit. Itis that there is an error that
(20:32):
has the sentence, that has thearticle, that is not that it is
not superlable by interpretation, that isthe ten beam that of the valoristic update.
It is a manifest error because theten ad quem of the performance magazine
must not be the date of thejudicial decision, but the date of the
(20:53):
pair of payment that I see.Look, this isn' t what I
' m saying, it' sjust that a hundred thousand times the supreme
is that they say it right andthey do it wrong. And they do
it wrong, first because we doit, they don' t ask and
second because they didn' t grantit good. I think in this case
more because the lawyers didn' task for it. It is true that
(21:14):
in the end what I was tellingyou before is that we end up exhausted
with the whole process and we havethe last one left. Well, even
if we' re finishing up.Yes I would like you to comment on
the update where payments are counted,because that is also not done in motivated
offers they offer you in their day. Since I' ve already hit you
that I pay you the difference,you don' t have to pay everything,
(21:34):
that is, you have to updateeverything. If you' ve paid
me a quarter to article seven fourevery two months in a long- term
injured person, it' s notworth the way I paid you a hundred
zero. Now the remaining three hundredthousand is three hundred zero. They'
re not given. It is necessaryto update, that is, when the
final agreement is made. You haveto set the amount of every year according
(22:00):
to the value, with the amountin force on the date of the claim
and, in the case of expenses, on the date of the expense that
the rule says, that is,there is not the date of the claim,
because they do not vagan you putthe gypsy tokens, because you pay
(22:22):
an attention invoice. Two years later, not on the date of the dentist
' s affection. And as Isaid the other day, the point is
that on issues of importance, noAnd the point of not having importance is
that they are one of durillos thatdoesn' t have to be lost or
overpaid by the company or is firstdifficult to send friendly that if they make
(22:48):
you a motivated offer, they wantto maintain the criterion of the motivated offer.
You did not see it is onthe date of the accident and once
the agreement is reached and the principalis updated to the date of the lord
then you have to deduct the gentityyou realize and in this case, in
order not to overpay the company,because there is qualitative correspondence between the two
(23:14):
elements of the subtraction, Because ifthe principal is referring to the date of
the accident and the updated expenses,to the date of the agreement, the
amounts paid to account with the offermotivated with subsequent hundred quantities, it also
has to be updated so that itis not paying the update twice, because
(23:40):
when it is not done the reok, the company is paying you the
upgrade amount is that it paid youthree years ago, but eye, these
companies have not known it to bothdefend their dineritos have lost a paste for
years. Well, if this isso rational in any approach that when you
have to pay four million in anexecutory, you' ve already paid two
(24:06):
and a half fleeces for the lasteight years. The companies accepted the pure
subtraction of the final gentity with thepaid gentity. If the berña said no
and you want to do the rita, if it cloded the norm is elementary,
it' s mental, because yougave me I don' t have
to update what I paid you threeyears ago and if it does us right,
(24:26):
you' re paying for the updateof what the injured person charged three
years before the book is left.Well, nothing, because I think that
with these already maybe finished keyboard,we would end article forty A. The
truth is that the companion' srequest has given more than we originally thought.
Yes, it is true that theexplanation and the good, as you
(24:48):
have intonated the half guilt about thewriting, as well as good you said
the other day, influenced because byyour doctoral thesis that dealt with this matter
and I think you went further andin a paragraph that are a scarce line,
because that is complicated to reduce init. Well, then, thank
(25:12):
Mariano as always, for your learnedwords and teachings and nothing to say goodbye
Let' s do the next show. I am already making progress on the
foreseeable costs of future health care.And well, I think it' s
(25:33):
also going to give for We don' t want it to give us for
a program, but it' sstill going to be for two, because
we would cover articles one hundred andthirteen and one hundred and fourteen of the
scale. Well, I' lljust say goodbye. Thank you all very
much and we hear each other inthe next. More and more brands are
(26:11):
betting on podcast as a communication tool. But what advantages it has with a
podcast. You talk to your clientin the ear, establishing a more direct,
close and emotional connection, a spaceof dialogue that creates community, also
increases the memory of your brand andyour credibility. The wolf we want to
(26:34):
help you. We are a producerthat drives your communication through the word.
For more information, visit our lowpowebsite. It' s or write us
to contact. Arroba lowcot is beton podcast, bet on crazy
You are listening to a lowpod productionwelcome with Mariano Medina, a training podcast
(00:24):
of anac National Association of Accident VictimsLawyers and presented by lawyer Manuel Castellanos,
aimed at professionals who have to usethe assessment scale of bodily damage of the
year two thousand fifteen to determine thecompensations to which victims of accidents are entitled.
(00:52):
Hello begins to hate dismantling the Medinamonkey I grow a podcast of the
National Association Daba Godos victims of accidentsand civil responsibility to Nava rc L.
He speaks with you, Manuel Castellanos, who is pleased to greet Mariano Medina,
(01:15):
who is also with us today.How about Mariano, very well,
very phenomenal, because the other day, at the request of a listener of
a partner of Palma Mallorca that theother day I said it at the end
to be attentive if I had heardthe complete podcast that is Manuel Ponce,
because today I say it at thebeginning, because the truth is that we
(01:38):
stayed in the inktero the rest ofarticle forty, as it was very difficult
for Mariano to explain the compatibility ofthe interests with the update and the criteria
that Mariano has or recommends us andthat justify this interpretation, between quotation marks,
(02:06):
particular of the number two of articleforty. We had the rest of
the explanation of the same article,which, as you will recall, is
the time to determine the amount ofthe arcitorial items. The other day we
ended up talking about the number ofpoint two. In any case, this
update will not proceed from the momentwhen the start of the event comes from
any interest in moratoria, which alreadyexplained to us Mariano what is his criterion
(02:30):
in this respect and the number threespeaks of the rules of the two preceding
paragraphs will also affect the items ofexpenditure realized, starting from the nominal satisfied
on the date of its disbursement,and the number four, which states that
if payments are made on account ofthe amounts that are paid, they will
(02:50):
be updated in accordance with the rulesset out in the preceding paragraphs and will
be deducted in this way from thetotal amount. Well, then, let
' s conclude today if we canwith this article forty and the time of
determination of the amount of the resocitoriaitems, that the otoria also put it.
In relation to article forty- nine, which you also read a good
(03:13):
excerpt Mariano, as we go likethis today. We finally finished explaining this
tedious article. All right, let' s see. In addition, I
am glad that there is something looseso that we can continue with it,
because just the next day we willend the interdiction of this matter. At
that time, when I no longerhave a remedy, I remembered the name
(03:36):
of the Italian author who mentioned atthe beginning that he has a beautiful book
that is in Castellan another llves thedamage that Adriano de Cupis Mira is.
It' s a book I advise, and besides, a few weeks ago,
a colleague, talking to him,I recommended this book to him.
And since no one reads anything andold booksellers have crises, he bought it
(04:00):
in an old man' s bookstorefor some euros and it is a jewel
of the book, that is,to pay six or seven euros for a
jewel Adriano de Cupis' book iswonderful. Wonderful in turn, as we
continue with the subject. I didnot explain a little well why this hasty
(04:26):
is so badly drafted, that itwas I who proposed the relationship within the
Committee of Experts. And that's because when I did my doctoral thesis
and analyzed the entire structure of intereststudying here in Argentina, they are unfortunately
(04:47):
experts on the subject of inflation andthey know it very well. I was
convinced that the mobile interest, themobile interest, the mobile interest rate,
should be accompanied by inflation. WhatI do not say is that the Government
(05:15):
would be able, for reasons ofeconomic policy, for partisan reasons, for
altruistic reactions, for social reasons.I' d be in favour of turning
the mobile guy into a fixed one. Or as it' s been in
the last few years, it's been in the three, in the
three, in the three, inthe three, every time it' s
been one, the three, ithasn' t incorporated any rate of inflation
(05:36):
if there was inflation. Another thingis that, as happened in some year,
there was no inflation and then thefollowing year, for interest, for
the next was only the three,because it could not incorporate quota that had
not been and can not be decreasedas there was a year where there was
(05:57):
deflation and where there was a negativequota. And that doesn' t mean
to decrease the three, because thethree is something else, it' s
the price of the processed light calculatedand other good good. This condition that
the double function of interest would alwaysbe maintained by incorporating the variable rate of
(06:19):
inflation into the fixed rate. That' s what led me to write the
precept. This as it is writtenand immediately once it is written, is
when I suddenly discovered the major errorthat I had made when you discover that
there are interest rates of annual interestthat do not incorporate inflation quota, thus
(06:41):
disappearing the basis of the rule.But this can enhance the role of the
jurist. The jurist cannot be literalistic. Then knowing how to interpret the rules.
Knowing that you cannot literally interpret arule against its function is fundamental and
that inquiring The basis is translated incases where the compatibility of interests has to
(07:08):
be applied, because they are notin compatibility is not enriching. Well to
all of this. I am thinkingas you speak and clear in a lawsuit,
whether criminal or civil, in thephase of conclusions, because you have
(07:29):
to talk about prescription, you haveto talk about active and passive legitimization,
you have to talk about facts,you have to talk about reparation, you
have to mention the clear scale whenyou reach the interests, you arrive exhausted.
Therefore, or you make some provisionalconclusions in the criminal life, where
in writing you explain your whole thesisand in the report you refer to it
(07:53):
or in the lawsuit, in thelegal grounds, in the chapter of moratoria
interests. You explain it very well. Or there' s no judge here
to hold you. There is nojudge to endure the explanation of this compatibility
between valoristic update and interests. Whenthey do not incorporate the inflation quota,
(08:15):
then of course. I believe thatthis is strictly legal, is to explain
it in writing. Of course lookthere is a reality and that is that
within the article that regulates hermeneutic criteria, what he called that the fundamental data
(08:39):
that made sabiñí of logic, historysystem, those that are in article three
of civil code, is that ofthe purpose. Of course, the purpose,
which is the little nails. Nolegal norm can ever be applied without
(09:01):
grasping its raison d'être,because the i de cris of a norm
is in the unexpressed but verifiable raisond'être of the norm, and
that is key then in the criminalsphere, since that is said, asked
(09:22):
for and asked for updating and interestsin compatibility regiments are requested, because it
is enough to say, from thatyear to that year, none of the
years has been in violation quota,that it has been possible, that it
has been incorporated to the rate ofinterest that has been maintained as fixed at
three percent, that is the onethat we have been since the year so
(09:46):
long, fixed then that is thatphrase. They don' t really support
it, but as soon as thejudge reads it, if he reads it,
it' s what' s different. And tonces left wondering why the
incompatibility is. And that' selementary. You don' t have to
(10:07):
be a virguero to know what thereason is. The reason is that you
cannot update a credit at the sametime twice and how and why you act,
why you incorporate it, why thereis a doubled update, because the
interests update. But what interests can' t leave is to compensate profit for
that sacred thing. Therefore, ifthe fixed rate was three percent, there
(10:33):
have been variants of type and ofin a few years. Even if there
is inflation, it is stress,it is elementary to know that it does
not incorporate inflation quota. This Italianshave it analyzed perfectly. Let' s
(10:54):
go because they have suffered it clearlythen said briefly is to make the judge
not explain of all the scroll,but to invite you to think already clear,
considering that one of the criteria orhermeneutics that are not in assets of
see is the comfortable one. Thatis not the principle of minimum intervention.
(11:18):
No, but the good judge whowas interrupted. It' s good.
Not well, then I strictly onlystayed. Or I also insist a lot
on another day and whether in thereason why it is the rate of inflation,
the rate that is applied, therate that has to be applied.
I insist very much on distinguishing,not relating the forty to the forty-
(11:43):
nine, but putting ourselves in disrelation. Of course, it has nothing to
do with the forty- nine.And for comfort and following the effect of
what happened with Baremos the ninety-five associates, update the jeditos with the
updating of the amounts. But thatis not the case, because updates of
(12:05):
the amounts are made by the governmentlegislator, the legislator, as he pleases
and according to his own policy reasons. Instead, what is untouchable is the
very credit update. That is sacred, sacred by preventing it from being updated
(12:28):
or from being updated twice. Therefore, when it is very interesting to analyze
the structure of the interest of articletwenty of the secure contract, because that
interest, which is a special legalinterest, can perform two or three functions,
(12:52):
the sacred one of the fixed oneand the fixed quota of the lost
profit, the sacred one of thepunishment, the sacred one of the punishment
and the eventual one of the valoristquota, which may or may not be
incorporated or partially incorporated all. Sure. The problem is, therefore, whether
the share of inflation in the interestrate is lower than the rate of inflation,
(13:20):
which has also happened to someone whohas passed that. Incompatibility is not
absolute. What needs to be doneis not to harm the injured person.
How is it not harmed by updatingthe principal and by liquidating the interest,
(13:43):
removing the insufficient share of inflation.If the rate of inflation has been ten
and the interest is in arrears,the rate of intersmanatorium has been set at
eight. We have that of thateight three is the fourth fixed five the
(14:07):
partial share of inflation, but inflationhas been ten. What solution, then,
has to update the credit and theincompatibility is not done not by updating
the principal, but by removing theupdate of the interests. Hey, we
didn' t say this. Theother day, but this is already the
(14:28):
face of the mess. But ifyou have the clear idea, it'
s very easy to apply. Let' s go to what' s left
of us. To put an endto this issue which I understand is hard
hard, I will explain the reasonfor the point is the third. The
(14:52):
third one does have a raison d'être, too. The rules set
out in the preceding paragraphs shall alsoapply to expenditure items on the basis of
the nominee satisfied on the date oftheir disbursement. If we said it the
other day, we would repeat it. The reason for updating the claim is
(15:15):
that the amount given to you correspondsto the value of the damage on the
date of claim. It affects allthe items and why the rule puts it
that it would not be necessary,because look there is nothing more to study
(15:39):
the jurisprudence of decades and decades wherethe Supreme, the hearings updated the credits.
They said we' ve updated thecredit. I remember that that time,
that there was a strong inflation,that you had serious injuries and you
had broken the car, you hadbroken it and you repaired it and it
(16:03):
cost you six thousand pesetas repair.And the trial was held eight years later
and you claimed. There was novarem, you claimed and the judge said
(16:25):
I grant him so much compensation.I apply the valoristic criterion, updating the
quantity. What amount did the judgeput, not the updated amount, not
the updated amount, of the historicalamount, but what he considered on that
(16:45):
date. That' s why almostall the amounts updates he made to you
made the courts were fake. Theywere false because it was what the judge
considered to be worth in the presentbecause of. Because, since there was
no law the poor judge was unableto know what he would have given,
(17:07):
what he was in the race,he was doing the race, what he
would have given fifteen years ago.Therefore, the only solution was as it
is currently doing, with cheating.The fourth chamber, the third chamber of
the Supreme Court, which they cheat, does not update. You never say
it' s up- to-date. It' s up- to
- date. They never reason whatthe update consisted of, because they don
' t tell you what value historicalgives them. Now yes, you had
(17:33):
the six thousand pesetas on the billand the and fifteen years later you were
given six zero pesitas. But that' s the repair bill, preparation.
But, well, you' vealready repaired, yes, and that'
s updated. No, no,yes, there is one that updated you,
although it is already, even ifit is repaired, of course,
even if you have used it torepair. If islo has paid the simpresins,
(17:55):
the invoice, the invoice, thisyes, that is to understand,
is that it is like this inall houses and only and I think it
was also, I think it wasJudge Byo who was then Minister with him
I am one of the first thatrealized that and being he in the provincial
(18:17):
audience, I think I remember that, being in the provincial audience in Bilbao,
he was one of the first tostart updating the bill quantities because of
course it was a scandal. Sixthousand pesetas fifteen years ago and you were
given six zero, but you don' t say it updates. The bottom
line is that they didn' tupdate anything, they didn' t update
(18:40):
the six million now, they didn' t update or update what they said
they were updating, because what theywere doing was establishing the present value of
the damage, the present value,not the updated historical value. But the
doctrinal criterion was correct and that isLande valid in law and as the judges
(19:02):
have had tendency, eye and lawyersdid not ask for the update either.
I mean, it' s notthe judges' fault, the stolen ones.
If you asked for six zero,no matter how valoristic a judge would
forgive your life and could tell youlook, sir I drink you, I
give you six thousand and not twenty, because you have not asked for the
(19:26):
update. Not sure, I,therefore predict that the update should be ex
officio, as it is in theadministrative way. It should be, you
see, it should be like reading. I, I in the lawsuits,
can hold good. But as soonas you say it, I' m
out of business. Yeah, yeah, but even if I say so,
(19:48):
it' s hard for them notto update it too much. No,
it' s not much. I' m in charge. I beg you
in one other yes I say.Interest is requested and if you don'
t end up with interest, thenconsider the article. Forty make that clear,
but fair a lot. It costsa lot. It doesn' t
cost us much because it' sa little complicated. Not today because I
can understand that you, the amountof money you set in demand, is
(20:11):
a fixed amount of a certain andquantified amount and you' re asking that
that story says no is not thatit' s modifying the amount. No.
I' m not applying the law, I' m applying aricle forty
and then we said it and we' re done with that a little bit.
This one a little bit. Itis that there is an error that
(20:32):
has the sentence, that has thearticle, that is not that it is
not superlable by interpretation, that isthe ten beam that of the valoristic update.
It is a manifest error because theten ad quem of the performance magazine
must not be the date of thejudicial decision, but the date of the
(20:53):
pair of payment that I see.Look, this isn' t what I
' m saying, it' sjust that a hundred thousand times the supreme
is that they say it right andthey do it wrong. And they do
it wrong, first because we doit, they don' t ask and
second because they didn' t grantit good. I think in this case
more because the lawyers didn' task for it. It is true that
(21:14):
in the end what I was tellingyou before is that we end up exhausted
with the whole process and we havethe last one left. Well, even
if we' re finishing up.Yes I would like you to comment on
the update where payments are counted,because that is also not done in motivated
offers they offer you in their day. Since I' ve already hit you
that I pay you the difference,you don' t have to pay everything,
(21:34):
that is, you have to updateeverything. If you' ve paid
me a quarter to article seven fourevery two months in a long- term
injured person, it' s notworth the way I paid you a hundred
zero. Now the remaining three hundredthousand is three hundred zero. They'
re not given. It is necessaryto update, that is, when the
final agreement is made. You haveto set the amount of every year according
(22:00):
to the value, with the amountin force on the date of the claim
and, in the case of expenses, on the date of the expense that
the rule says, that is,there is not the date of the claim,
because they do not vagan you putthe gypsy tokens, because you pay
(22:22):
an attention invoice. Two years later, not on the date of the dentist
' s affection. And as Isaid the other day, the point is
that on issues of importance, noAnd the point of not having importance is
that they are one of durillos thatdoesn' t have to be lost or
overpaid by the company or is firstdifficult to send friendly that if they make
(22:48):
you a motivated offer, they wantto maintain the criterion of the motivated offer.
You did not see it is onthe date of the accident and once
the agreement is reached and the principalis updated to the date of the lord
then you have to deduct the gentityyou realize and in this case, in
order not to overpay the company,because there is qualitative correspondence between the two
(23:14):
elements of the subtraction, Because ifthe principal is referring to the date of
the accident and the updated expenses,to the date of the agreement, the
amounts paid to account with the offermotivated with subsequent hundred quantities, it also
has to be updated so that itis not paying the update twice, because
(23:40):
when it is not done the reok, the company is paying you the
upgrade amount is that it paid youthree years ago, but eye, these
companies have not known it to bothdefend their dineritos have lost a paste for
years. Well, if this isso rational in any approach that when you
have to pay four million in anexecutory, you' ve already paid two
(24:06):
and a half fleeces for the lasteight years. The companies accepted the pure
subtraction of the final gentity with thepaid gentity. If the berña said no
and you want to do the rita, if it cloded the norm is elementary,
it' s mental, because yougave me I don' t have
to update what I paid you threeyears ago and if it does us right,
(24:26):
you' re paying for the updateof what the injured person charged three
years before the book is left.Well, nothing, because I think that
with these already maybe finished keyboard,we would end article forty A. The
truth is that the companion' srequest has given more than we originally thought.
Yes, it is true that theexplanation and the good, as you
(24:48):
have intonated the half guilt about thewriting, as well as good you said
the other day, influenced because byyour doctoral thesis that dealt with this matter
and I think you went further andin a paragraph that are a scarce line,
because that is complicated to reduce init. Well, then, thank
(25:12):
Mariano as always, for your learnedwords and teachings and nothing to say goodbye
Let' s do the next show. I am already making progress on the
foreseeable costs of future health care.And well, I think it' s
(25:33):
also going to give for We don' t want it to give us for
a program, but it' sstill going to be for two, because
we would cover articles one hundred andthirteen and one hundred and fourteen of the
scale. Well, I' lljust say goodbye. Thank you all very
much and we hear each other inthe next. More and more brands are
(26:11):
betting on podcast as a communication tool. But what advantages it has with a
podcast. You talk to your clientin the ear, establishing a more direct,
close and emotional connection, a spaceof dialogue that creates community, also
increases the memory of your brand andyour credibility. The wolf we want to
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help you. We are a producerthat drives your communication through the word.
For more information, visit our lowpowebsite. It' s or write us
to contact. Arroba lowcot is beton podcast, bet on crazy
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