This is the present case in that the parties, with full legal capacity and knowledge of his will, make statements of desire leading to the dation in payment of all the professional services of the actor, valid and effective bilateral legal business.Therefore, in the event the new benefit consists in the delivery of a thing shall apply rules on sanitation by eviction that the Civil Code regulates at Headquarters for the sale. Thus the doctrine and jurisprudence have been advocating that the dation in payment must be equated the sale, on the basis that this equality is not alien to our legal text. Thus article 1521 speaks of purchase or payment in kind and article 1636 that useful owner direct sell or give in payment. On this issue the aforementioned STS from 1/10/2009 (in identical sense, among others, the STS of 7/01/1994, 7/10/1992, 11/05/1984), points out that: to do and highlight a caveat: even though apply by analogy trading standards, although it is clear that it is not a contract of sale, does not mean that neither variation be implemented fully and without exception..
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