The French Civil Code defines the mortgage in your Article 214 as actual law about real estate pertaining to the performance of an obligation. This definition requires that the mortgage lies about real estate. The Peruvian Civil Code of 1852 defined the mortgage as the lien is imposed on a property in favour of a third party, in an obligation or a credit security. This definition requires that the mortgage lies about real estate. The Peruvian Civil Code of 1984 defines the mortgage in your 1097 article stating that a property as collateral for the fulfillment of any obligation, own or a third party is affected by the mortgage. 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.

6 Nature legal of the mortgage when considering a legal institution, is necessary to determine its nature legal, so the studies are the more accurate possible, for example when studying the Bill of Exchange can determine that it is a value title, when studying the Charter bail can determine that it is a guarantee and when the purchase is studied sale can determine that it is a contract. In this sense corresponds now determine the legal nature of mortgage, by which we must clarify the legal nature of the obligation is to be a real guarantee or right right warranty or actual accessory. It is important to determine the legal nature of mortgage because some lawyers believe that it is a contract which is incorrect, because as he was pointed out the mortgage is an accessory real right or real warranty right. 7 Garment with delivery legal the original text of the Peruvian Civil Code of 1984 regulating the garment with legal delivery, which is repealed as this year 2006 by law publicized.