During the last few weeks, some specialists and
lawyers have commented in different media that those who thought the new rules
imposed by the government were violating a constitutional right could appeal
for Constitutional right’s legal protection.
Many people in Argentina are worried because
they have to pay some debts in dollars, and since they have a contract, they
cannot solve the situation; they can only pay in dollars. Otherwise, they would
be breaching the contract. For these people, the specialists say that you can present
an appeal and ask for protection from the law, so they can get the necessary
amount of dollars to pay the debts.
When referring to this situation, the person in
charge at the “Colegio de Escribanos” (Notary Publics’ Association), Carlos
D’Alesio, mentions that “if a preliminary sales agreement says that the transaction
must be done in dollars, this must be done in that currency”, so he didn’t ruled
out that “the buyer can bring legal actions in order to get the dollars the
person needs”. Moreover, he also mentioned that since there hasn’t been
“changes in the law, those who have committed to pay in dollar, must do so”.
As the head of the “Colegio de Escribanos”
explains, if the debt and the contract specifies that the payment should be
done in dollars, they will have to be paid in that currency; moreover, although
a negotiation with the creditor can be done in order to pay in pesos, if the latter
doesn´t agree with that, then you need to get the dollars.
So, all those who have a to pay some debt or
installment in dollars, especially those in the real estate business, may seek
protection from the Law, in order to get the dollars and pay the debt in due
time and in proper form.
