Abstract

MACHUCA-VILCHEZ, Jorge Antonio. Perspectives in the application of law of compensation in the Peruvian financial system. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2022, vol.52, n.137, pp.639-655.  Epub May 22, 2023. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v52n137.a12.

The right of compensation in the financial system is one of the existing mechanisms to protect savings in Peru. In fact, it grants a prerogative to the financial system companies so they can recover the amounts owed by their clients with the debtor's assets that they keep in their possession. However, the application of this right by financial intermediation institutions has not been peaceful due to the different perspective that exists at the institutional level: both the Consumer Authority (The National Institute for the Defense of Competition and Intellectual Property - INDECOPI) , as well as the financial regulator (Superintendence of Banking, Insurance and AFPs, SBS) and the Supreme Court of Peru, have shown a different opinion regarding how the application of the compensation right should be configured in the financial system.

In this sense, the objective of this article is to review the interpretive milestones that have been presented in Peru around the right of compensation, to understand the logic of this right as well as the criteria that underlie its application, and, from this, reflect on the perspectives of this legal institution.

Keywords : saving; banking regulator; consumer authority; banking law; right of compensation; debtors.

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