The TS unifies the different criteria applied by the Court and determines the date of accrual of default interest payable by the Insurer of the accident suffered, not the declaration or recognition of the disability or incapacity

March 03 , 2017 // Legal Reforms and Debate

Published in VLex España

Judgment nº 736/2016 of TS, First Chamber of Civil, December 21, 2016
The second plea is based on the infringement, opposition and lack of application of the doctrine of this Chamber in the interpretation of the fourth rule of Article 20 of the LCS, and more specifically, the interest rate applicable for the calculation of default interest Regulated by said legal provision, according to the decision of Plenary 251/2007, of 1 March, dictated for the unification of doctrine, and in the same sense the 632/2011, September 20, since the sentence condemns to pay the Interest to 20% from May 21, 2008 until payment, arguing that, after more than two years have elapsed since the loss, such interest may not be less than 20%.
This Chamber issued Full Judgment 251/2007, dated March 1, resolving the contradictions existing up to that point, reiterated in subsequent ones, and established the following doctrine:
During the first two years from the production of the claim, the default indemnity shall consist of the payment of an annual interest equal to that of the legal interest of the money at the rate in force each day, which shall be that corresponding to that annuity increased by 50%. From this date, the interest will accrue in the same way, provided that it exceeds 20%, with a minimum rate of 20%, if it does not exceed it, and therefore does not modify those already accrued daily up to that time

El TS unifica los distintos criterios aplicados por el Tribunal y determina la fecha de devengo de los intereses moratorios a cargo de la Aseguradora la del accidente sufrido, no la declaración o reconocimiento de la invalidez o de la incapacidad

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