LOS REQUISITOS DE CONSTITUCIÓN DE LA PRENDA DE CRÉDITOS EN EL CÓDIGO CIVIL DE CATALUÑA.

Abstract

This paper revisits art. 569-13.3 of the Catalan Civil Code, regarding the requirements to grant pledges of claims. The general assumption that both a public document and notice to the debtor are required for the existence of the pledge is queried, since it appears that only the former is essential, inasmuch as it entails the transfer of possession. Instead, serving notice of the pledge upon the debtor is merely required for its effectiveness, since it determines the capacity to demand and receive payment, as well as the potential discharge following performance.