The mortgage as foreclosure title

Abstract

This scientific article covers an analysis of the mortgage, a legal institution contemplated in the Ecuadorian Civil Code, and that generally, and from its origins, has been conceived as an accessory obligation to the principal one, which gives it a guarantee nature in itself. itself, for the fulfillment of the principal obligation. The General Organic Code of Processes in Ecuador (COGEP) has recently conceived the mortgage as a foreclosure title, which becomes a controversial procedural treatment since there are several types of mortgage and said code does not make explicit which of them refers, nor how to proceed in such a case. It is then imposed, as a general objective of this research: Critically review the procedural treatment given to the mortgage as a foreclosure title by the COGEP in Ecuador and a methodology with a qualitative approach and scientific methods are applied, such as the bibliographic review, the historical-logical , the analytical-synthetic and the inductive, which lead to the conclusion that, according to the classification of the mortgage, as a real right of guarantee, open and closed; only the foreclosure procedural investiture would proceed for the closed mortgage. Conclusion whose support is provided by this scientific article.