Análisis de la hipoteca centroamericana y de los aspectos prácticos relacionados con la formalización del instrumento público que la contenga en la República de Guatemala
Today, in a time of globalization, many States seek to organize themselves, to promote their economic and social development. In the Central American region, efforts have been made to achieve such development and even regional integration. Thus, considering the growth of financial and investment ope...
Gorde:
| Egile nagusia: | |
|---|---|
| Formatua: | Artikulua |
| Hizkuntza: | Gaztelania |
| Argitaratua: |
2017
|
| Gaiak: | |
| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6086156 |
| Baliabidea: | Revista Auctoritas Prudentium, ISSN 2305-9729, Nº. 17, 2017, pags. 92-133 |
| Etiketak: |
Etiketa erantsi
Etiketarik gabe: Izan zaitez lehena erregistro honi etiketa jartzen
|
| Laburpena: |
Today, in a time of globalization, many States seek to organize themselves, to promote their economic and social development. In the Central American region, efforts have been made to achieve such development and even regional integration. Thus, considering the growth of financial and investment operations in Central America, Panama and the Dominican Republic, which have increased their real estate transactions; it was necessary to create a legal framework, which regulates the instrument to guarantee such operations and to provide greater legal certainty in the market.
Therefore, at the initiative of the Real Estate Registry Council of Central America and Panama (hereinafter, referred to as "CRICAP", for its acronym in Spanish), it was agreed to work on a Uniform Mortgage Project for Central America and Panama (later the Dominican Republic was integrated), elaborating a regional treaty, which would be the normative framework of the so-called "Central American Mortgage" ("Hipoteca Centroamericana", in Spanish) , which is an original and novel figure, as it contemplates a project whose purpose is to modernize and integrate the processes of granting mortgage loans in Central America, constituting the guarantee in any of the States Parties to the treaty, regardless of the location of the real property and the parties, which seeks to generate greater access to credits.
Thus, at the XXXI Summit of the Heads of State and Government of the Central American Integration System Countries (“SICA”, for its acronym in Spanish), held in Guatemala City, Guatemala, on December 11, 2007, the Treaty for the creation and implementation of the Central American Mortgage between the Republics of Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, Panama and the Dominican Republic (hereinafter referred to as "Treaty") was subscribed, which is the normative body that creates such Central American Mortgage, and its practical scope is centered on three points: 1) Its formalization; 2) Its registration; and, 3) Its execution.
Therefore, it is very useful for notaries in Guatemala to have a complete understanding of the Treaty and the practical aspects of the formalization of the public instrument that the Central American Mortgage will contain, which they must consider when a client requires their services for the purpose. |
|---|