LA SOLUCIÓN NEGOCIADA ANTE LA EJECUCIÓN HIPOTECARIA.

Abstract

Instruments used in several countries in order to solution the effects of economic crisis instead of excuting mortgages, are based on contractual methods (negotiation and mediation) which supply ADR. Only when negotiation or mediation are not efficient, it becomes necessary to litigate. When we face mortgages, it is evident that the parties have very different power, as we find financial companies confronting consumers, and the legislator has had to act. However, the problem has not been successfully solved; because of the the defects of law solutions, judges have had to fill some lacks of the law. This negotiated methods can achieve more results than the Code of Good Practices, which the legislator has contemplated restrictly.