El pago directo por parte del acreedor garantizado: fundamentos de la transmisión de la propiedad
The secured transactions law repealed the prohibition on the forfeiture agreement, and at the same time established the basis for direct payment, through which the creditor acquires the property offered as security in the case of a default on contractual obligations. However, for the transfer of p...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2016
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7252031 |
| Source: | Revista Derecho Privado: (Universidad de los Andes), ISSN 1909-7794, Nº. 56, 2016 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The secured transactions law repealed the prohibition on the forfeiture agreement, and at the same time established the
basis for direct payment, through which the creditor acquires the property offered as security in the case of a default on
contractual obligations. However, for the transfer of property, national legislation stipulates (as per other rem rights) the
confluence of both a title and a mode of acquisition, without which the transfer of the property is invalid. The moment of
utmost significance is when the creditor acquires the property of the colateral. It is in that instant that the asset passes
from the posession of the debtor to that of said secured creditor. This paper aims to establish some of the consequences
of the elimination of the prohibition on the forfeiture agreement as well as analyze the basis for the acquisition of the asset
offered as collateral by the aforementioned direct payment institution. |
|---|