The legal nature of mortgage is the be an accessory real right is a right they have or that can have people about real estate. So the rule applicable to the mortgage in Peruvian civil law is the book entitled real rights of the Peruvian Civil Code of 1984. However, not all authors have agreed to study the legal nature. Some authors consider that it is not relevant to determine the legal nature of the legal institutions, since it is extremely theoretical and not application. 5 Mortgage mortgage in comparative law is regulated in Peruvian positive law, but it is necessary to determine if it is regulated in the positive law of other States. Making external legal comparisons we determine that in other States it is also regulated.
For example it is regulated in Germany, Argentina, Spain, France, Italy, among other States. But in the Peruvian State is a guarantee that backs very often with much security, except as regards the privileges that subtracted confidence to economic agents. 6 Participating in the mortgage in the mortgage usually involved the (owner) debtor and creditor. But other times involves the debtor, creditor and in addition a third party who is the owner of the property. However, on other occasions the mortgage is only awarded by the owner, course which is called unilateral mortgage. 7. Well matter of mortgage is necessary to determine that goods can be real rights of warranty. Some real rights do not lie about all kinds of good, in such sense the mortgage only falls on real estate. The good matter of mortgage is a property, but in Spanish law, the mortgage can also fall on movable property, course which is called the mortgage interest. 8 Characteristics of the mortgage when considering a legal institution is suitable to study its characteristics by which this allows determining the aspects most important legal institution studied.