Maximum Mortgages in the Peruvian System of Guarantees. What happens to the Principles of Accessoriety and Specialty of Credit in the Maximum Mortgages?

In this article, the authors analyze, from doctrine and jurisprudence, both national and international, the treatment of maximum mortgages, their meaning, main characters, problems surrounding their application, and various aspects of the economic role they play in legal traffic. Maximum mortgage su...

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Bibliographic Details
Authors: Varsi Rospigliosi, Enrique, Torres Maldonado, Marco Andrei
Format: article
Status:Published version
Publication Date:2019
Country:Perú
Institution:Pontificia Universidad Católica del Perú
Repository:Revistas - Pontificia Universidad Católica del Perú
Language:Spanish
OAI Identifier:oai:ojs.pkp.sfu.ca:article/20740
Online Access:http://revistas.pucp.edu.pe/index.php/iusetveritas/article/view/20740
Access Level:Open access
Keyword:Mortgage
Credit
Tax
Accessoriety
Property Guarantee
Hipoteca-Crédito
Gravamen
Accesoriedad
Garantía Real
Description
Summary:In this article, the authors analyze, from doctrine and jurisprudence, both national and international, the treatment of maximum mortgages, their meaning, main characters, problems surrounding their application, and various aspects of the economic role they play in legal traffic. Maximum mortgage supposes that the parties establish, at the moment of their constitution, a maximum amount of mortgage liability, which given their flexibility has allowed new financial and credit products. This has generated a questioning of the existence of the principles of accessoriety and specialty, because when it is established, there is no specific credit.