P.R. Laws tit. 19, § 2362

2019-02-20 00:00:00+00
§ 2362. Waiver and variance of rights and duties

Except as otherwise provided in § 2384 of this title, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed :

(1) Section 2337(b)(4)(C) of this title, which deals with use and operation of the collateral by the secured party.

(2) Section 2340 of this title, which deals with requests for an accounting and requests concerning a list of collateral and statement of account.

(3) Section 2367(c) of this title, which deals with collection and enforcement of collateral.

(4) Sections 2368(a) and 2375(c) of this title to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition.

(5) Sections 2368(a) and 2375(d) of this title to the extent that they require accounting for or payment of surplus proceeds of collateral.

(6) Section § 2369 of this title to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace.

(7) Sections 2370(b), 2371, 2373 and 2374 of this title, which deal with disposition of collateral.

(8) Section 2375(f) of this title, which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor.

(9) Section 2376 of this title, which deals with explanation of the calculation of a surplus or deficiency.

(10) Sections 2380, 2381, and 2382 of this title, which deal with acceptance of collateral in satisfaction of obligation.

(11) Section 2383 of this title, which deals with redemption of collateral.

(12) Section 2384 of this title, which deals with permissible waivers.

(13) Sections 2385 and 2386 of this title, which deal with the secured party's liability for failure to comply with this chapter.

History —Sept. 19, 1996, No. 241, added as § 9-602 on Jan. 17, 2012, No. 21, § 11, eff. 1 year after Jan. 17, 2012.