La cesión de créditos y los problemas de legitimación activa en la reclamación al deudor

Abstract

The loan disposal, both in personal loans and in mortgage loans, is a constant practice of credit institutions, which is generally carried out on a massive scale and without notification to the debtor. In the event of non-payment by the latter, it is frequent that either the transferee claims in court, or that, claiming from the previous holder (in the case of mortgage assets), requests the assignment of the auction. There might arise, then, problems of legal standing that have been generating a certain ligitiosity. In view of this situation, the purpose of this paper is to analyse the different situations that may arise and the various responses that should be given according to the specific regulations that govern each of the assumptions.