La Problemàtica execució de finques hipotecades. Perspectiva doctrinal, jurisprudencial i legal

Authors

  • Xavier Cecchini Rosell

Abstract

The current economic crisis has put the Spanish legal system to the test in matters of mortgage foreclosure. Although the foreclosure system worked adequately for years, it had some flaws that have had to be corrected. Judges and magistrates, at times with dubious legality, have sought to correct the defects of a body of laws that has necessarily had to be modified by indirect imposition of the European Court of Justice. Despite this, the system in general works appropriately and should be maintained since, even though social alarm has arisen with the evictions resulting from mortgage loan defaults, the mortgage delinquency rate is under 4%. Consequently, it may be considered that we are facing a serious problem but one that affects only a small part of the population. This paper examines the overall problem from the legal standpoint and attempts to offer some solutions.

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Published

2014-06-10

Issue

Section

Studies