LA FALTA DE PAGO DE LA DEUDA EN EL PLAZO CONVENIDO CONCEDE AL ACREEDOR ANTICRÉTICO LA FACULTAD DE PEDIR EL PAGO DE LA MISMA O LA VENTA DEL INMUEBLE.

Abstract

The antichresis is substantiated in the creation of a creditor's very broad right of enjoyment, where any fruit must necessarily be put toward payment of the debtor's debt, which will be real in nature if its creation is accompanied by the possession of the real property by the antichretic creditor. Registration of an antichresis in the property registration system does not have constitutive efficacy; registration is only a requirement of publicity and third-party enforceability. The antichresis is a real right of enjoyment and at the same time a right of realisation of value acting as a guarantee and in payment of a pecuniary obligation; it is indivisible, and it pertains directly to fruitful, uninvolved, disposable real property that can remain in the owner's power.