The Well Known 411th

By saying “411” the lawyers and a lot of citizens understand Article 411 of the RA Civil Code, which provides liability for nonperformance of a monetary obligation.

 

“For the use of another’s monetary assets as the result of their unlawful retention, avoiding returning them, or delay in their payment, or unjustified receipt or saving at the expense of another person, interest is subject to payment on the sum of these assets. The rate of interest shall be determined by the accounting rate of bank interest existing on the day of performance of the monetary obligation or the corresponding part of it. “In case of recovery of a debt by judicial proceedings a court may satisfy a claim of a creditor, proceeding from the accounting rate of bank interest on the day of making a decision,”  Advocate Arpine Yeghikyan said to Iravaban.net.
The accounting rate of bank interest shall be established by the Central Bank of the Republic of Armenia.
If the losses caused to a creditor by the unlawful use of its monetary assets exceed the sum of interest due to it, it shall have the right to demand from the debtor compensation for losses in the part exceeding this sum.
According to the Advocate, “Interest for the use of another’s assets shall be recovered through the day of payment of the sum of these assets to the creditor unless the contract has established a shorter time period for the computation of interest.”

 

Iravaban.net

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