La preferencia en el pago de la obligación producto del remate por parte del acreedor hipotecario y su incidencia en el concurso de acreedores, en la unidad judicial civil del cantón Riobamba, en el año 2015.
The Investigation called “THE PREFERENCE IN THE PAYMENT OF THE OBLIGATION PRODUCT OF THE REMITTANCE BY THE MORTAGE ACCOUNTANT AND ITS INCIDENCE IN THE COMPETITION OF CREDITORS, IN THE CIVIL JUDICIAL UNIT OF CANTÓN RIOBAMBA, IN THE YEAR 2015”. It has several topics of interest in matters of law. Firs...
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| Natura: | bachelorThesis |
| Lingua: | spa |
| Pubblicazione: |
2017
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| Soggetti: | |
| Accesso online: | http://dspace.unach.edu.ec/handle/51000/4322 |
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| Riassunto: | The Investigation called “THE PREFERENCE IN THE PAYMENT OF THE OBLIGATION PRODUCT OF THE REMITTANCE BY THE MORTAGE ACCOUNTANT AND ITS INCIDENCE IN THE COMPETITION OF CREDITORS, IN THE CIVIL JUDICIAL UNIT OF CANTÓN RIOBAMBA, IN THE YEAR 2015”. It has several topics of interest in matters of law. Firstly, it deals with the real right of mortgage, which consists in guaranteeing an obligation with a real estate, so that in case of breach of the principal obligation , said property is auctioned and with the product of the auction is extinguished in whole or in part the principal obligation. This modality is typical in financial transactions. The right of preference of the mortgagee, for its part, is a right of the priority of credits, wit is that the mortgagee must be the first to collect the obligation backed with the mortgage and subsequently, the rest of creditors will be able to exercise their collection rights However, it should be emphasized that the mortgagee has the first right to collect the part of the auction that extinguishes the obligation. In the final stage, the creditors contest was discussed, which occurs when there are several creditors on the same debtor, which results in the pursuit of all creditors over the assets of the debtor. |
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