Legal hypothec: is that derived from the law. However, we must note that this is a right to free disposal and can be waived. This means that the waiver must be expressly stated in the minutes, with the seller or creditor indisputably declaring “the intention to renounce the legal hypothec”. This second hypothesis is the real problem, because the second paragraph of Article 1119 of the Civil Code states that “in other cases”, the creditor`s right derives from the registration of legal hypothecs, which would allow us to conclude that, in what is provided for in the first paragraph of Article 1119 of the Civil Code, it does not matter, after all, whether legal hypothecs are registered or not, since these legal hypothecs are “by operation of law”, otherwise the clarification made in the second paragraph of the article in question is not necessary. For more legal documents in Spanish, please consult our friends at Justia México Relations of the mortgage contract of the debtor before seizure: the situation of the parties is not significantly changed by the mortgage, the debtor remains the personal debtor of the mortgagee and retains his power in this matter. Depending on the type of constitution, they are divided into legal, conventional and judicial hypothecs: the mortgage is not a fragmentation of property rights, the owner is not expropriated, he retains all his power in this matter. The abuseu, Fructus, used and administration. Voluntary hypothecs are defined in Article 138 of the Mortgage Act (LH), but there is no provision defining legal hypothecs and restricting Art. § 158 LH to emphasize that legal hypothecs are those expressly authorized by law with such a character, and that persons in whose favour the law grants legal hypothecs have no other right than to demand the constitution of a special hypothec sufficient to secure their right.

If, in addition to the foreclosed hypothec, there is another lien on the property, the law of the State determines the priority of the creditors on the property. For example, Article 9 of the Uniform Commercial Code (UCC) governs conflicts between mortgages on immovable property and foreclosure seizures. Mortgages, which are negotiable securities, are governed by Article 3 of the UCC. 1. If the legal hypothec itself is not valid because it has not been registered ex officio by the registrar, then we could categorically confirm that we will be faced with the disappearance of the hidden hypothec. A problem has arisen here which seems quite necessary, namely that the revision of the article in question leads us to the conclusion that we will end up with the existence of hidden hypothecs in practice, but under the name of “legal hypothecs”. In any event, as is apparent from the DGRN`s resolution of 3 April 1998 [j 5], a legal hypothec, since it involves a restriction on the ordinary content of the right to property, cannot be presumed but claims an uncontested legal establishment. Legal guarantee sometimes and conventional other, which is the affection of a property to pay a loan without the owner of this property having disposed of it; It implies a right of pursuit and a preferential right for its holder, since the mortgage does not entail expropriation, it is not enforceable against third parties, unless a notification has been made (registration of the mortgage).

Legal hypothecs are those that the law may require in certain cases as security for interests to be protected. 1.- Owner of the property encumbered by the mortgage. 2. On the contrary, if the legal hypothec is valid without its entry in the register, we will be confronted with the existence of so-called hidden hypothecs. The mortgage has been described by many authors as the true collateral par excellence, which is configured once it is registered in the public registers; and it is ancillary to an obligation like all security rights. Perhaps the most important thing in the case of a mortgage is that it does not require the expropriation of the mortgaged property, i.e. the debtor – the owner of the property – is not allowed to leave it, is not allowed to “leave” it; However, it grants the creditor the right to pursue, promote and dispose of the encumbered asset judicially, thereby ensuring that the obligation to which the debtor is subject can be performed on agreed terms©.