¿Qué pasa con la devolución del anticrético en dólares ante la escasez? | What happens with the return of anticrético in dollars amid the shortage?

By Jhovana Cahuasa, Red Uno; Eju.tv:

What happens with the return of anticrético in dollars amid the shortage? A specialist offers recommendations

Attention homeowners and anticresistas! Specialist and lawyer Arturo Daniel Moscoso provided details about the return of anticrético established in foreign currency and clarified that there are specific clauses contemplated in the Civil Code.

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The figure of the anticrético faces a growing point of conflict, centered on the return of amounts in dollars, occurring in the context of exchange rate fluctuations due to the shortage of foreign currency. This situation often causes disputes between property owners and those who entered into anticrético agreements.

Many property owners propose returning the anticrético given in dollars at the official exchange rate in bolivianos due to the currency shortage. However, this generates discontent among those who acquired an anticrético, as they demand the return to be made in bolivianos but at the parallel dollar exchange rate. While the official rate is 6.96 bolivianos per dollar, according to digital platforms, the parallel dollar stands at 17.47 bolivianos per dollar.

This situation often leads the parties into legal proceedings, significantly delaying the return of the anticrético. According to legal experts, such lawsuits were not common before, but have become increasingly frequent due to the dollar shortage.

Will there be a legal mechanism that forces property owners to return the U.S. currency despite the shortage?

Specialist lawyer Arturo Daniel Moscoso, in an interview with Red Uno, outlined the steps both property owners and anticresistas should take.

The jurist first clarified that anticrético is not a business, but a contract between parties — between a homeowner and a tenant — with a set expiration date.

Regarding the return of the amount amid the dollar shortage, the lawyer stated that both parties should agree to the return in bolivianos at the official exchange rate of 6.96 bolivianos per dollar, as established by the Central Bank of Bolivia (BCB).

“If I, as a tenant or anticresista, gave $30,000 to the homeowner, for the return (within the context of the currency shortage), the conversion must be made at the official exchange rate of the dollar, which is 6.96 bolivianos per dollar, as set by the Central Bank of Bolivia (BCB). There is no parallel exchange rate that is established and regulated,” said Moscoso.

The jurist clarified that, to date, no regulation establishes the value of the parallel dollar, which may rise to 17 today and 20 bolivianos tomorrow. Therefore, he emphasized that this cannot be used to set the amount for the anticrético return.

“The law is clear. Articles 405, 406, and 407 of the Civil Code establish this. Foreign currency can also be paid in bolivianos at the official exchange rate at the time the contract ends,” affirmed Moscoso.

The lawyer stressed that if a tenant tries to extract from the homeowner an amount that does not correspond, they are on the wrong path, as it would be an attempt to take advantage of the situation, and this issue cannot be attributed to the homeowner.

According to the specialist, although many of these cases lead to legal proceedings, due to specific clauses and current regulations, the judge will convert the dollars so the return is made at the official exchange rate of 6.96 bolivianos per dollar, since the official currency in Bolivia is the boliviano and not the dollar.

“Neither party (neither the homeowner nor the anticresista) is to blame for the dollar shortage, so no specific sanction is established against the homeowner, and there is no breach of contract, because the agreed amount is being returned, simply converted from dollars to bolivianos at the official exchange rate,” Moscoso clarified.

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