This definition requires that the mortgage lies about real estate. The Peruvian Civil Code of 1984 regulates the mortgage as a guarantee that falls on immovable property, by which the warranty mentioned under the current regulations in the Peruvian State does not apply to movable property, but only applies to real estate. Some jurists define the mortgage as the Queen of the guarantees by the benefits of the same, since the good cannot be hidden and the owner which constituted the (owner) warranty is in possession of the mortgaged. However, the fact of considering the same as Queen of the guarantees is not accepted unanimously by the doctrine. Understand the mortgage requires not only knowing right civil (and specifically within this branch of law private rights in rem and more exactly the real rights or real guarantee rights) accessories), but other branches of law how registration, notarial, urban, mining, procedural, civil, criminal, procedural, criminal, tax, among other branches of the law.
2 Kinds of mortgage the mortgage can be of different kinds for which there are various classifications of same. Munear Ashton Kouzbari describes an additional similar source. Being the first that classifies the mortgage in mortgage interest mortgage real estate. The real estate mortgage is which falls on real estate and chattel mortgages which falls on movable property. These two kinds of mortgage the best known, most used and consecrated in all substantive legal systems is the real estate mortgage. Regarding the chattel mortgages we can affirm that it is consecrated in Spanish positive law.
Which in some cases replaces the garment with legal delivery. The second classification of mortgages classifies the mortgage into general and special. The first being that falls on all the real estate of the debtor and the second which rests only on a good or goods. Only the latter is regulated in Peruvian law.