La dación en pago y el deudor hipotecario: ¿medidas de protección?
The dation in payment (accord and satisfaction) is an institution in rise, although we can affirm that unfortunately, in our economic and social panorama, as with it it´s been trying to give some way out to those people that couldn´t repay the loan requested for the acquisition of a housing, and now...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2013
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5594821 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 1, 2013, pags. 131-147 |
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| Summary: |
The dation in payment (accord and satisfaction) is an institution in rise, although we can affirm that unfortunately, in our economic and social panorama, as with it it´s been trying to give some way out to those people that couldn´t repay the loan requested for the acquisition of a housing, and now they wish to be detached from it, trying that the financial institution admit, as payment concept, the good that was acquired with the amount of the loan, specially if that loan appears guaranteed with a royal right as the mortgage.
At the present time, and before beginning the analysis of the only measure that so far has validity in the Spanish legal field, this is, the Royal Decree-Law 6/2012 of 9 March, of urgent measures to protect mortgage debtors without resources, we must consider the
draft law, admitted for processing, about regulation of dation in payment, to stop evictions
and social rent. |
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