MORTGAGE AS A PROTECTION INSTRUMENT IN OBLIGATIONAL RELATIONSHIPS

Abstract

The present objective work about the mortgage, greater knowledge about the institute, one of the best known real guarantees within the legal system, has a high importance with regard to relationships between people. Undoubtedly, it is a true protection for the creditor in a relationship, since it highlights a specific part of the debtor's assets, which is offered as a means of obligation guaranteeing the performance of the agreement. Based on this, this article aims to understand this, going beyond merely conceptualizing, seeking to identify its function and applicability in the current molds and the way in which the creditor will obtain protection for its credit, as well as understand the context of its historical right. We must remember that, in modern civil law, there are no merely formalized institutes, and it is extremely important to carry out an interpretation of any and all legal apparatus in the light of the Magna Carta, which is the maximum basis of validity, thus legitimizing the aforementioned norm, which with every certainty will be of great need not only academically, but also in the world where interpersonal relationships are increasingly dynamic and protection to the private person is made more necessary than ever professional.