Payment made by means of a bank draft, according to business practices, as is the practice for payments by insurance companies or in any case where accepted by the creditor, is suitable for extinguishing the obligation, without the need for a prior agreement between the parties to this effect or the issuing of a discharge receipt. And without such an effect being able to be derived from the day of collection of the title, or from the will of the creditor, given that said draft constitutes a means of payment and there is no risk of lack of funds.
This is the principle recalled by the Supreme Court of Cassation, Civil Section 3, which with order no. 21053 of 27 July 2024 declared the first ground of the…
