The protection of the mortgager in the law 1/2013

Identifier:  TFG:42

Handle: https://hdl.handle.net/20.500.11797/TFG42

Authors:  Caballé Fabra, Gemma

Abstract:
The protection of the mortgager in the law 1/2013 This work aims to determine what the legal protection provided by the mortgager in law 1/2013, of 14 May, in terms of measures to strengthen the protection to mortgage debtors, debt restructuring and social rent. However, before entering into the modifications introduced by this law and the novelty of the regulation of this area, it must be said that other issues also revolve around the protection of the mortgage and the mortgage in itself. For example, in the first section there’s a brief reference to the concept of mortgage and its legal regulation to understand what the position of the mortgagor in this institution is. Below is a reference to the importance of housing as a human right, internationally planned and regulated in different rights. In the third section is explained the social and economic context that caused the crisis in the real estate sector and its impact to the mortgagor. To understand the measures introduced by Law 1/ 2013 before other regulations previously approved ( Royal Decree are also explained - Law 8/2011 , Royal Decree - Law 6/2012 which includes the Code of Practice and Royal Decree - Law 27/2012 ) . All these rules revolve around the protection of the mortgagor and the Law 1/ 2013, the last that came into force and which has made them change. In the fourth section mortgager protection is explained by the European Union in relation to the protection of consumers and users, references to the judgment March 14th, 2013 TEU, which showed precariousness the Spanish mortgage system. It is in the last section where the latest news and changes introduced by Law 1/2013, and its impact on existing legislative texts such as the Mortgage Law or the Law of Civil Procedure are analyzed.