NOVEDADES DE LA LEY DE GARANTÍA MOBILIARIA PERUANA.

Abstract

This paper addresses the new features in the chattel mortgage act. We are warned that we must study the OAS's CIDIP VI and that new legislative developments must be studied, disseminated and applied. Wise policies are examined, including the chattel mortgage act. Note is taken of its sources of inspiration, which are, inter alia, previous works of mine. In another section of the paper there is an exploration of the sources of the law, which are law, doctrine, jurisprudence, enforcement orders, general legal principles, social reality and the statement of intention, amongst other items. Furthermore, there is an exploration of positivism. Doctrine contains two types of positivism, Kelsen's and Austin's. The area of knowledge is explored as well, stating that when one studies the law of chattel mortgage, one studies registration law, notarial law, civil law, commercial law, corporate law, law of records, insurance and reinsurance law, industrial law, business law, international private law, international public law, agricultural law, banking law, civil procedural law, constitutional law, constitutional procedural law, criminal law, criminal procedural law, international trade law, stock market law, copyright law and industrial property law. An exploration is also made of the background of doctrine, legislation and other items, such as Roman law. The types of registries are explored, e.g. registries of property, people and contracts, it being stated that this study is applicable only to registries of intangible chattels and contracts. In addition, an exploration is made of the rights that can be granted as security, registrable acts, caveats due to corrigible defects (which must be eliminated from the law at issue), new features of the law, the registries it eliminates, the goals of the law, market growth, the defects of the law, competent registrars, contracts concerning registered property, other guarantees, judicial attachment, regulation by institution, international law, conclusions, suggestions and legislative proposals.