ATA/570/1997•Scarpa may reduce maintenance advances after debtor payments
ATA/570/1997Tribunal de Justiça / Câmara Administrativa23 de set. de 1997Modified
Extraído pela Omnilex
The decision concerns maintenance advances administered by Scarpa. The court holds that Scarpa may reduce its advances by the amount of payments actually made by an insolvent debtor. The result is a downward adjustment of the advance obligation to reflect those payments. No further procedural or factual details are provided in the source excerpt.
LARPA.11; reduction of maintenance advances in the event of payments by the debtor in insolvency proceedings. The authority responsible for advance payments may adjust its advances downward to the extent that the maintenance debtor has effectively paid amounts that reduce the outstanding need. The decisive criterion is the existence of actual payments by the debtor; the advance mechanism is not to exceed the remaining unpaid maintenance burden. This follows from the compensatory function of advances and the avoidance of overcompensation (consid. not specified).
Descripteurs
OBLIGATION D'ENTRETIEN; AVANCE(EN GENERAL); INSOLVABILITE; REDUCTION(EN GENERAL); IP
Normes
LARPA.11
Résumé
Le Scarpa peut réduire ses avances à concurrence des paiements effectués par le débiteur insolvable.
Extraído pela Omnilex
Whether Scarpa may reduce maintenance advances by amounts paid by the insolvent debtor.
Scarpa may reduce its advances to the extent of payments made by the insolvent debtor.
The court accepts that advance payments can be adjusted downward when the debtor has in fact made payments, so that the advance does not exceed the unpaid maintenance burden.
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