EL PACTO MARCIANO, EL PACTO EX INTERVALLO Y LA FIDUCIA CUM CREDITORE EN LAS GARANTÍAS FINANCIERAS DEL REAL DECRETO LEY 5/2005.

Abstract

Royal Decree Law 5/2005 has introduced a great number of new features in the realm of our system of security interests in real property, among which we may cite, and we discuss in this analysis, the appropriation of property furnished as collateral and the selling of collateral. These two important new features must be dealt with from a critical point of view in order to ensure balance in what is required of the parties to a financial security agreement.