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Peruvian Civil Code

The efficiency of the securities is determined at different levels for each good or for each case. Therefore some safeguards are being more efficient than others in some cases. This means that for all eventualities guarantee choice is not as efficient. For example, when a plate is sold on credit is necessary to bear in mind that to ensure payment of the price it is inefficient to constitute a real right of mortgage, but it can be efficient to hold a contract of guarantee. For example, to ensure payment of a house can be effectively constitute a real right to hold a mortgage or trust agreement under warranty. It is also necessary to specify that the efficiency of the securities may be determined by various factors such as cost of its establishment, the time it takes for a guarantee, the manner of implementation of the guarantee of the security benefits over other forms of guarantee . This means that some safeguards have advantages over other security.

For example the contract of guarantee is very efficient for the cost in its constitution. It is also necessary to specify that the trust agreement on security has proved very efficient for its extrajudicial execution is, unlike the real right to mortgage the way execution is legal. It is necessary to clarify that the guarantees from certain approach may be efficient, but from a different approach may be inefficient, in that sense we can say that the guarantee contract is inefficient from the point of view that their constitution is fast, but considering that is a guarantee of a personal nature, not be as efficient as the real right mortgage that it pursues the good, under the second paragraph of Article 1097 of the Peruvian Civil Code 1984 provides that the guarantee does not determine the dispossession and gives the persecution creditor rights, preferences and judicial sale of the property, ie real law is efficient mortgage which is characterized by being persecutory.