Bankruptcy law prevails over general civil code; no interest accrues after bankruptcy declaration regardless of payment method.
Legislator summary
AI generatedThe Supreme Court dismissed the creditor's cassation appeal against a lower court ruling that denied interest payments. The creditor argued that interest should accrue from the date of the debt's due date, regardless of the bankruptcy declaration, and claimed the debt was paid in installments rather than a lump sum. The court held that the specific bankruptcy regulation explicitly suspends interest accrual from the date of bankruptcy declaration, overriding the general civil code provision on delayed payment.
Legislator headnote
AI generatedArt. 33 of the Bankruptcy Act; Art. 481 § 1 of the Civil Code: In bankruptcy proceedings, interest does not accrue from the date of bankruptcy declaration, regardless of the delay duration or whether the debt was paid in installments or as a lump sum.