Maximum Mortgages in the Peruvian System of Guarantees. What happens to the Principles of Accessoriety and Specialty of Credit in the Maximum Mortgages?

Abstract

In this article, the authors analyze, from doctrine and jurisprudence, both national and international, the treatment of maximum mortgages, their meaning, main characters, problems surrounding their application, and various aspects of the economic role they play in legal traffic. Maximum mortgage supposes that the parties establish, at the moment of their constitution, a maximum amount of mortgage liability, which given their flexibility has allowed new financial and credit products. This has generated a questioning of the existence of the principles of accessoriety and specialty, because when it is established, there is no specific credit.