The coverage and extraordinary force of the open mortgage

Abstract

In Peru, there are legal figures that, despite ofbeing abolished, continue having real effects. Such is the case of the "open mortgage”, which survives in our legal system. In this article, in regard to a recent judicial decision by the Peruvian Supreme Court, the author explains the figures of the “open mortgage” and the “ordinary mortgage”, showing their differences and warning of the inadequacy of equating their jurisprudential treatment.

Keywords

• Derechos reales
• garantías
• hipoteca
• hipoteca sábana
• legislación derogada
• Código Civil