Legal mortgages are called those that arise properly from the law and where there is no type of intervention of the individual will. It is known that since the time of ancient Rome, legal mortgages were already applied, they had the power to disturb the possessions of an individual debtor, and can be called general mortgages if the debtor's assets in general are affected, an example of this. are the liabilities acquired by a person towards the treasury. On the other hand, in the case where only a particular object is affected, they were called special.
The individual who is in the presence of a legal mortgage, specifically the creditor, is in full capacity to use the rights that support him, over all the real estate that belongs to the individual who owes him, in addition to them he will have power over any Possession that can be acquired by the debtor from now on to the mortgage.
These mortgages are exclusively by law and their main objective is to defend the interests of the treasury in each state, it is also responsible for protecting individuals whose belongings are in danger of being embezzled by the people who are in charge of their administration. This type of mortgage is not only explicit, but also in some cases its legal application may be precise, making its subsequent registration unnecessary.
Its applications in daily life can be very varied, some of the most common are those applied in the event that a real estate has been moved without prior payment of the entire cost thereof, or failing that the It has been made with the money of third parties. Another case applies to those goods that are in the process of construction or repair, where the person responsible for carrying out said process has supplied some material for their manufacture, so the person who has hired it will be obliged to cancel the amount of such materials, plus the total cost of the work that had already been agreed upon.
