THE IGNORANCE OF THE UNLIMITED LIABILITY PRINCIPLE AND ITS STRICT APPLICATION TO THE MORTGAGE DEBTOR IN A CRISIS’ CONTEXT: IS IT A LEGAL AND FAIR SOLUTION?

Abstract

In this paper we analyse some of the explanations about the ignorance of the law rule, with the scope to connect it with the so-called «eviction problem». Such research opens many questions and it also leads us to the conclusion that the strict application of article 1.911 of the Civil Code to all kind of mortgage debtors is unfair. Therefore, we explore some possibilities that might allow us to find a solution to the described situation. Specifically, we will study the use of the good faith and the abuse of rights principles by the Courts in order to reject the foreclosure proceedings when the mortgaged good has already been sold to the creditor (bank) for an amount that does not cover the total owed sum