Actualidad jurídica: Contratos de garantía. El contrato de hipoteca. El aval. Cartas de crédito stand-by y garantías de casa matriz. Contrato de prenda. Fiducia de garantía

Abstract

The aim of the guarantee contract is to assure to the creditor the fulfilment of obligations in his favor and in charge of the debtor, for such effect we found that the guarantees may be of two types, personal or patrimonial. Although in some cases we will have an accessory contract, in others, there will exist unity between the main obligation and its endorsement for example: leasing. Likewise, as in every contract or legal business; the accessory contracts require for their perfection of those same elements that main contracts require. In the other hand, the creditor looks that his endorsement, guarantee, can be executed without delays and faster, despite the fact that law protects the debtor making sure that every act is done under the observance of legal procedures, coming off this one the defense law, in fact any pact that tries to avoid pertinent proceedings will be ineffective.