A hipoteca e a sua relação com o processo de insolvência

Abstract

In case of default, the mortgage assigns to the mortgagee the possibility of being paid for the value of the thing that charges, with prevalence in relation to other creditors. If the debtor is insolvent, he will be in all likelihood in default to the mortgage lender, which gives the latter a privileged position in insolvency proceedings. The creditor will be considered a secured creditor, so within the range of insolvency creditors he belongs to those who will be paid first. Although the primacy position that occupies, the mortgagee may not obtain the satisfaction of his credit, as it he will only be paid after the payment of the debts of the insolvent mass and after the payment of creditors holding any prevailing guarantees, such as special real estate privileges and right of retention.

Date of Award	7 Sept 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Isabel Menéres Campos (Supervisor)