WHY YOU SHOULD GIVE A NEW CONSENT TO CANCEL A PAID MORTGAGE LOAN?: HISTORICAL AND JURISPRUDENTIAL JUSTIFICATION OF ARTICLE 179 RH

Abstract

This paper examines why the article 179 RH, which requires special consent of the mortgagee, to cancel publicly extinguished mortgage upon payment of the obligation it secures. If by paying the secured loan, the mortgage is extinguished automatically because of its incidental nature, as the mortgage can not live without the loan, it is not clear that an «extra» special consent on the creditor is required to end the existence of such mortgage registration by cancel. We analyze the historical origin and judicial interpretation has done DGRN of this article to try to understand their justification and sense when, a priori, should be canceled automatically, to die directly, because of its dependence of the secured loan.