Agreement of forfeiture, today: critical analysis of the figure, in the light of the most recent jurisprudence and doctrine of the Dirección General de Seguridad Jurídica y Fe Pública

Abstract

The Dirección General de Seguridad Juridica y Fe Pública, in some of its latest resolutions, has faced the analysis of the prohibition of the “agremment of forfeiture” in security guarantees, outlining the limits of this prohibition, that is, defining the limits of the private autonomy. This situation recommends a critical analysis of the latest resolutions and judgments in which the problem of the commissary consequence in the legal relations of guarantee is faced, and the actuality of the so-called pacto marciano (marcian agreemient) and the ex intervallo agreement as modalities of commissary consequence. The aim of this work is not only to present an orderly exposition of the main issues in this matter, but also a critical analysis of the current doctrinal and jurisprudential conclusions.