The mutual contract to finance housing facing the third paragraph of the 42nd article of law 546 of 1999
With the present writing, it is searched to make a complete analysis on the legality of the contract of mutual to finance home and the maximum interests to charge in this type of credits, according to the new legislation of home (546 of 1999) and the problematic presented according to paragraph 30 o...
| Autor Principal: | Carrillo Rivera, Andres |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
University Santo Tomás, Bogotá
2016
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| Materias: | |
| Acceso en línea: |
http://revistas.usta.edu.co/index.php/viei/article/view/2922 |
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| Sumario: |
With the present writing, it is searched to make a complete analysis on the legality of the contract of mutual to finance home and the maximum interests to charge in this type of credits, according to the new legislation of home (546 of 1999) and the problematic presented according to paragraph 30 of article 42, that from the juridical point of view generated interpretations opposed in the different juridical stages that lead to a juridical insecurity for the mortgage debtors and creditors. In the same fashion a complete analysis is made on the unification sentence SU-813 of 2007 emitted by the constitutional court, that resolves the problematic previously described, in favor of the defense of constitutional rights of debtors , but, that without a doubt leaves without legal protection the financial creditors and the good willing third parties |
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