LA HIPOTECA DE LAS CUOTAS HEREDITARIAS Y LAS CONSECUENCIAS DEL ACREEDOR HIPOTECARIO: INSTITUCIONES FINANCIERAS

Abstract

The bonds are one of the oldest forms to ensure the collection of obligations, the main ones are: the bond, pledge and mortgage. In effect, this research work will focus on the mortgage of hereditary fees, as a guarantee accepted by a financial institution. Thus, through the method of descriptive analytical research were obtained as a result, the possible consequences that this type of collateral could bring to the mortgagee, which could even end this mortgage, or disable the execution of the same. Likewise, the potential administrative, civil and criminal sanctions that the financial institution could acquire, by accepting hereditary quotas as adequate guarantees, will be determined. In addition, reference will be made to legislations from other countries, with the objective of identifying which of them allow mortgaging hereditary quotas, and which do not. In this regard, it was concluded that the mortgage of hereditary installments is an inefficient and uncertain guarantee for the securing of a mortgage loan.