ANÁLISIS DE LA EVOLUCIÓN JURISPRUDENCIAL SOBRE LA «DACIÓN EN PAGO» EN LOS ÚLTIMOS AÑOS.

Abstract

A review is given of the evolution of case-law concerning the misnomer «surrender in lieu of payment» in mortgage foreclosure. An analysis is given of decisions previous to Ruling 11/2010 of 17 December of the Navarra Provincial Court, the famous first ruling advocating that an award of the auctioned property to the mortgage lender (even if the property was auctioned for less than the secured debt) should act as payment of the debt, consequently settling the debt and preventing the lender from seeking further payment on the grounds of the debtor's personal liability. Before this ruling, case-law allowed the lender to continue suing, based on article 1911 of the Civil Code, section 105 of the Mortgage Act and section 579 of the Civil Proceeding Act. Ruling 11/2010, however, was a turning point, and many decisions have followed in its footsteps. These decisions and their grounds are analyzed.