Warranty Sale

Guarantee sale is defined by the jurisprudential doctrine in Spain as that legal relationship under which a person (trustor) transmits in property a certain good or right to another person (fiduciary), but not with the intention of transmitting it but in order to guarantee the payment of a debt incurred and, therefore, with the obligation on the part of the fiduciary to retransmit the acquired to its previous owner, once it had fulfilled the insured obligation (pactum fiduciae). < / p>

When it comes to a guarantee sale, the fiduciae cause, of course, is not the sale carried out, which is only apparent, but the insurance of the debt, which is intended by the formalization of a sale that converts to fiduciary only in formal or apparent owner, given its principal position of creditor (apparent buyer), while the trustor is the debtor and obliged to fulfill the obligation incurred, which is secured by the alienation, acting in the business as an apparent seller , so that the fiduciary what he has to claim is the guaranteed benefit, but without access to his property in a definitive way the right to property, since that is not the purpose of the business agreement, without prejudice to the right of retention that the doctrine jurisprudence recognizes, and that can lead to final appropriation. Bibliography

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