¿Por qué los peruanos incumplen sus obligaciones dinerarias? Análisis económico del derecho aplicado al incumplimiento de obligaciones de dar suma de dinero

Abstract

This article analyzes the legal issues surrounding the non-fulfillment of monetary payment obligations in Peru. The research aimed to examine this issue by studying its primary causes, employing a literature review alongside tools derived from the economic analysis of law (cost-benefit analysis, opportunity cost, and information asymmetry). The methodology adopted was qualitative, basic, exploratory, and dogmatic-legal in nature, utilizing a documentary research design. The results revealed that the non-fulfillment of monetary obligations stems from both volitional and non-volitional causes attributable to the debtor, as well as causes attributable to the creditor, who often fails to utilize available legal instruments to secure debt collection. Regarding the State's role in correcting the market failures underlying the problem, weaknesses were identified—particularly concerning the provision of information on the risks of contracting with specific debtors and the civic education of the public regarding the fulfillment of obligations. It was concluded that the tools of the economic analysis of law effectively allow for a deeper analysis of the failure to pay monetary sums; however, limitations arise when a debtor defaults despite having the capacity to pay. To address this, the concept of "lack of financial empathy" is proposed as a cause for such non-fulfillment, a problem that should be tackled by reinforcing the concept of belonging to the payment chain.