Recent Jurisprudence – Promissory Notes. The Court has an Obligation to Protect the Human Right to Freedom from Usury, by Adrian Salgado

February 24, 2016
Recent Jurisprudence – Promissory Notes. The Court has an Obligation to Protect the Human Right to Freedom from Usury, by Adrian Salgado

The Third Collegiate Court of the Twenty-Seventh Circuit recently published legal opinion number XXVII.3o. J/30 (10a.) titled: Promissory Notes. Even in the Case of a Default Judgment, the Court has the Obligation to Protect and Safeguard the Human Right to Freedom from Usury.” In this legal opinion, the Court found that the failure to respond by a defendant leading to a default judgment does not constitute a legal impediment to analyzing the factors listed by the First Chamber of the Supreme Court of Justice of the Nation (SJNC) in another legal opinion as a guide for evaluating the excessive nature of an interest rate in an objective manner. The foregoing takes into account that the Court has the capacity and obligation to protect and safeguard the human right to freedom from usury, in accordance with that established by the Federal Constitution, and in the American Convention on Human Rights, further considering that from a practical point of view, some of the factors referenced by the First Chamber of the SJNC are disclosed in the information contained in the lawsuit (such as the specific facts of the case). Moreover, other relevant facts in these cases do not require introduction of evidence by the parties as they are disclosed on official printed or electronic materials as they relate to financial indicators.

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