Revista chilena de derecho privado
versión On-line ISSN 0718-8072
WEGMANN STOCKEBRAND, Adolfo. CONSIDERATIONS ON THE BAN ON FORFEITURE OF PROPERTY FURNISHED AS SECURITY (PACTUM COMMISORIUM) CLAUSES AND PACTUM MARCIANUS EXCEPTIONS THERETO. RChDP [online]. 2009, n.13, pp. 95-122. ISSN 0718-8072. doi: 10.4067/S0718-80722009000200002.
The prohibition of the Comissory pact is one of the most ancient institutions in private law of guaranties, who's origin goes back to roman law. The study of the regulations that establish it demonstrates that its juridical discipline does not properly express its dogmatic fundaments. Furthermore, the prohibition of lex commisoria, purposed to prevent the creditor from taking advantage of its debtor and conceal usurary loans, does not compare to the absolute prohibition of the Comissory pact ex intervallo nor of its similar, the Martian pact. Once the loan contract has been celebrated, the risk is displaced to the creditor, therefore the protection of the debtor's interests through this instrument is no longer justified.
Palabras clave : Comissory pact; guarantees; usury.