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 3...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Santo Tomás
2016-06-01
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| Series: | Via Inveniendi Et Iudicandi |
| Subjects: | |
| Online Access: | https://revistas.usantotomas.edu.co/index.php/viei/article/view/2922 |
| Summary: | 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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| ISSN: | 1909-0528 1909-0528 |