TEORÍA GENERAL DE LAS GARANTÍAS REALES.

Abstract

In full evolution under the wing of the social and economic phenomena of our era, security law encounters in these pages the dogmatic that make collateral, the kind of security in which property is encumbered for the special contingency of a breached obligation. The alternatives are diverse, and it is not the place of a legislator, and less the place of an interpreter, to place limits upon them, but instead to resume on the basis of those alternatives the general principles that must be respected, with full extension of their reasons to the modes of collateral anticipated for private persons in the exercise of freedom of contract. All in all, it is not the purpose of this paper (at least not the fundamental purpose) to issue warnings about the application of security of this sort, but to salvage the legal/real idea of collateral as security, on the basis of the underlying nature of the concept.