(Assignment of disputed credits and Investment Funds; a judicial view)

Nº 1 / 2021 - enero-marzo

(Assignment of disputed credits and Investment Funds; a judicial view)

Gonzalo Caruana Font de Mora
Magistrado Audiencia Provincial Valencia
Isabel F. Acín
Independent Researcher University of Navarra

Abstract:

Through the business of selling credit portfolios, the banking and financial institutions have transmitted to investment funds a massive amount of credits of different classes and content. This type of contract as an actual and innovative phenomenon in financial market has involved, on the one hand, a notorious increment of urged or continued court proceedings by purchasers societies with the irruption of a new juridical operator in the administration of justice, the Investment funds, on the other hand, have raised a legal problem for their uneven treatment and diverse aspects, such as procedural character as well as material character to the point of pronunciation above these incidents of higher national judicial institutions as community.

Keywords: Investment funds, Credit portfolios, Enforcement procedure, Mortgage loan, Assignment of receivables, Non-performing loans.