Inclusion in delinquency files. Right to Honor
It is important to point out that inclusion in a debt collection file is only legitimate if certain legal requirements are met, such as the existence of an overdue, liquid and enforceable debt and prior notification to the affected person. Otherwise, the inclusion may be considered an infringement of the person’s right to honor, whether the person is an individual or a legal entity.
The right to honor is one of the fundamental rights recognized by most modern constitutions. In our Supreme Norm, it is regulated in art. 18.1. It states that: “The right to honor, personal and family privacy and self-image is guaranteed” This right refers to the protection of the reputation and dignity of a person against any action that may negatively affect his or her public image.
In this context, inclusion in debt collection files may represent a threat to the right to honor. Delinquency files are lists that compile information on those who have incurred unpaid or outstanding debts, and are used by financial institutions and service companies to assess the solvency of a potential customer.
Inclusion in these files can have negative reputational consequences, as it is associated with non-payment and lack of financial responsibility. In addition, it can prevent access to certain services and economic opportunities, which can have a negative impact on the individual’s quality of life.
Therefore, it is essential that the rights of individuals with regard to the inclusion in delinquency files are respected, and that appropriate measures are taken to ensure that the information included in these files is accurate and up to date. In this way, it will be possible to protect people’s right to honor and avoid unfair or discriminatory situations.
At Corujo & Jiménez Abogados we will defend your interests by initiating all necessary actions to safeguard your right to honor.
In summary, inclusion in delinquency files can have significant legal effects, and it is essential that the fundamental rights of the persons concerned are respected and that adequate measures are taken to ensure that the information included in these files is accurate and up to date.