solerboy said:
It really is a totally ludicrous statement to say that it is greed that drives landlords to demand dollars.
The peso is a volotile currency. Why should any business person not seek to protect their interest in any way they can.
No any way is legal. In Rome, after signing a pact (a contract) with barbarians, they used to take hostages to protect the enforcement of the contract. I am sure that if you ask for a family member as a hostage your interest will be better protected but this is illegal, as illegal as the indexation clauses like to ask for dollars.
solerboy said:
I dont know Argentine law, but I studied business law in the UK.
No offence.
Your statement is something like I studied cosmetology by I feel prepared to make your heart operation. Sorry, I would prefer an specialist.
solerboy said:
A clear component of any contract is agreement. If someone offers a contract and you dont like the terms of the contract then you are perfectly entitled to decline to enter into thar contract.
This might be like this if you are talking about buying something like a car or a dress.
However, a housing contract negociation is not a relationship where you have two equals. Instead you have the landlord (strong) and the tennant (weak). the law seeks to compensate for unequal power relations.
There are two different contracts circunstances. Private contract rules where you can negociate almost whatever and Public Order rules that cannot being ignored. For example, the prohibition of slavery is a public order rule. It means that if there is a clause that means slavery it is considered not writen and the public order rules prevail. For example, we sign a contract that said that I am going to work for free for you. If I go to a labor judge, he is going to assert that the work is presumed paid, so you have to pay for all the hours I already worked plus fines plus you are going to be criminally prosecuted.
About housing it s the same. Whatever is against the housing law (that is a public order law) is considered not written.
solerboy said:
If after entering into that contract, your personal circumstances change (IE you can no longer get dollars at the price you would like),
You cannot enforce a clause that was forbidden before you sign it.
In fact this is not like that and the leading case is from the UK. La gente habia alquilado los balcones que daban a la calle para ver pasar al rey luego de la coronacion. Pero la ceremonia se cancelo y esos contratos dejaron de tener sentido porque nadie contrato los balcones para ver pasar a su tia por la calle.
solerboy said:
then this is your personal circumstance and should be of no concern to the other party in the contract.
In fact, we have over 2000 years of culture regarding contracts that are not enforzable because of new circunstances that happend after signing and were not expected. It is called "hecho fortuito" o "fuerza mayor", for example, a war, a hurricane, etc.
solerboy said:
To call landlords greedy is both wrong and patronising.
Greedy is somebody who wants more than what he deserves.
Regards