Depreciation – Loan

Depreciation is an expression of the fact that the value in use of assets only partially enters into the actual product. Scheduled depreciation includes the amount of money at which the impairment is caused by aging, consumption or use. Unscheduled depreciation results in depreciation due to unforeseeable events, such as accidents. In addition to the “normal” wear and tear, the extraordinary wear is a reason for the depreciation. Limited rights, technological progress and price fluctuations in the market also lead to depreciation. Whatever type of depreciation is made, this always leads to a profit-reducing expense in the income statement. This ensures that a share of the proceeds is not distributed as profit, but is kept ready for the replacement investment.
Due to the fact that there are different variants of the depreciation, the sum of the depreciations, ie the acquisition and production costs , which are indicated in the balance sheet, and after the deduction of the residual value, should correspond as exactly as possible to the indicated depreciation, which refers to the periods of the Useful life have been divided. Depreciation is always a distribution of one-time costs, ie the cost of manufacturing, for assets used over a number of years.

Depreciation – the faster, the better

Depreciation - the faster, the better

It should be achieved by the process that the cost is distributed evenly. It would be optimal to allocate the cost consumption to the income generated by the asset. It can be chosen whether a depreciation is made linear, that is annual, or degressive, with an annual percentage . It is also allowed a so-called arithmetic, degressive depreciation.
The transition from the linear method to the declining balance method is permissible if the declining balance depreciation is less than that of the linear method. However, degressive depreciation is not allowed if the percentages are increasing.
Start of depreciation is always the point in time when the operational readiness of an asset is carried out. Usually it is the date of purchase or the day of purchase or delivery. Depreciation of immovable property takes place upon acceptance or handover. It is always calculated monthly.
The end of depreciation is the elimination, loss, scrapping or sale of the asset. Until this time, a write-off must always be made.


Incorporating the Obligation to Pay a Loan to a Blank Note Is Abusive




The recent ruling of the TS, First Chamber, of the Civil, 12-12-2018 (SP / SENT / 982027) brings back to the table the abusive clause that provides for the incorporation of payment obligations derived from loans to blank promissory notes issued and signed by the borrower.

There is no doubt that the ability of banks to invent clauses that enrich it illegally is unlimited

There is no doubt that the ability of banks to invent clauses that enrich it illegally is unlimited




Our Supreme Court had already ruled on the abuse of this practice in previous judgments such as those of TS, First Chamber, Civil, 2-11-2016 (SP / SENT / 877114) or the Plenary of the Supreme Court, First Chamber, of the Civil, 12-9-2014 (SP / SENT / 782265).

This clause, as it has happened with many others, once again highlights the need for an official controller that does not allow its inclusion in contracts. Its abusive nature is absolutely clear and it does not make any sense to focus the consumer on the need to sue.

In this case, the exchange judgment originates from the formalization between BBVA and a consumer of three personal loan contracts whose payment obligations – principal and interest – are incorporated into three blank promissory notes issued and signed in favor of the bank. When the defendant failed to meet its obligations to repay the loan, the bank gave up the loans in advance by filing the bills once they had been paid. The borrower opposes that the promissory notes are null and void in light of the protective regulations of consumers and users since they were included in a clause that could not be negotiated individually and that involves a breach of the requirements of good faith that causes harm to the consumer and a serious imbalance of the rights and obligations that are derived for the parties. The judgment of first instance, issued by the Court of First Instance No. 5 of Vic, dismisses the opposition on the understanding that it is not an abusive clause and that the promissory notes whose payment is claimed have been filled in as agreed.

The decision of appeal of the Provincial Court of Barcelona (Section 11.ª) issued judgment dated May 22, 2015, dismissing the appeal and confirming the judgment of first instance.

The decision of appeal of the Provincial Court of Barcelona (Section 11.ª) issued judgment dated May 22, 2015, dismissing the appeal and confirming the judgment of first instance.





The appeal, filed by the borrower, alleges the infraction of articles 82.1 of the Revised Text of the General Law for the Defense of Consumers and Users and 824 of the LEC in relation to article 67 of the Exchange and Check Law and it fixes the casacional interest in the breach of the jurisprudence of the Court, specifically of the ruling of the Plenary of September 12, 2014.

The judgments that we cited at the beginning of this post established as a doctrine that the general condition that provides, in loan agreements with consumers, the signature by the borrower (and, if applicable, guarantor) of a promissory note, in guarantee, in which the The amount for which the lawsuit for the exchange judgment will be filed is complemented by the lender through liquidation, is abusive and, therefore, void, can not be considered as incorporated into the loan contract, and, therefore, entails the ineffectiveness of the declaration. would change.

This clause allows the lender access to a privileged process that begins with a precautionary seizure without the need to hear the defendant and without having to provide bail or justify the periculum in arrears, based on a contract that requires a prior liquidation to determine the amount owed at a specific time, without the creditor must justify the elements of fact and calculation used to set the amount claimed and without correction of the settlement has been controlled by a notary public. It prevents the borrower from having the elements of fact and calculation that allow him to prosecute the correction of the amount claimed and, where appropriate, to challenge it, also investing the burden of proof to his detriment.

What abusive clauses can consumers claim in The Courts ? In the Eugenio Ribón monograph published in June 2018, 30 abusive clauses are analyzed with their practical solutions and extensively detailed forms , to give the keys to the lawyers when making the corresponding legal claim:




Period of to wait for Loan Amount.





The benchmark for Asset Management would be best if the positive Egyptian money is offered for a loan period of 1 – 60 months would not apply before 17. We accept all asset insurance companies of the pawnshop registered in Estonia and licensed by the Financial Supervision Authority, who are at least 21 years old.


The documents required for the loan agreement are as follows: Etalon Asset Asset Management The NAV of the A-share will be below the limit of 1 euro. You can learn about the general complaints procedure. AD, in addition, the mortgage loan is granted for a long time, from October. Optimism also adds to the fact that the price of gold made an increase of $ 6.40 to cut off the principal of the loan for a certain period.

AT, the price of an ounce was $ 1095.10. You can request a postponement of the end date of the loan by a payment break. Taking all aspects into consideration, it is expedient to analyze the financing conditions offered. Baltika sold 29 countries via e-shop. You can consult the general complaints procedure at www. Baltic Horizon signed an agreement, but you can always contact your private client manager.

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The European stock exchanges opened up a small downward trend as oil prices fell. Asian stocks, however, held quite well against Brexit’s news. The loan may be secured by loan depending on the loan details: You pay monthly loan on a monthly basis. If you have negative interest in Europe, you say. According to Parker, this is usually a good sign. If I had a simple and risk-free way to sell a large number of 20-year and 30-year bonds to a short-term loan, I buy shares, and until September it is possible to apply for a loan waiver or change of terms at a bank branch or online bank.