Necesidad de realizar el protesto en forma notarial en los casos de avalista que ha condicionado su aval a la verificación de tal protesto. Ineficacia de la declaración equivalente

Abstract

The present case raises the problem of the interpretation that must be given to the clause established by the guarantor in the exchange title, by which there is determined the efficiency of the endorsement to which the protest has become effective in notarial form or though the realized one is valid by means of the equivalent declaration foreseen in the norm. The interpretive solution must be given in favour of the first solution, that is to say, must be considered to be correct the doctrine on which the clause that determines the endorsement of an exchange title to which this one is protested must be been an expert to the effect that the protest must get up with the requirements established in the law and, consequently, by means of notary, even if they do not make consist the above mentioned requirements expressly; and that does not fulfill this exigency by means of the equivalent declaration though it produces all the exchange effects of the protest.