The loan of credits as a guarantee furniture today. Pending legal problems

Abstract

Over the last few years, the lending has undergone a series of legal modifications, derived from the needs of the economic traffic, which have really contributed very little. It is more, one could say, that such reforms have harmed the figure by not taking into account the demands that the commercial and financial practice demanded before the normative deficiencies of the Spanish Law. Therefore, in this study, we make a bnef tour of the most conflictive points of the loan pledge in order for the legislator to take note and start thinking about a true and complete reform of the pledge, taking into account the existence of different objects (present and future, individual or group credits); third parties involved or affected (debtor ceded and creditors); and, problems of non-payment that can lead to the contest or not.