However, foreign positive law for example in Spanish positive law mortgage falls on movable property and real estate for which the mortgage may be chattel mortgages and real estate mortgage. 5 Mortgage of these three rights in rem guarantee that we are discussing in this article is the real right of mortgage, which for some writers is a contract, with which we do not agree, since the mortgage is not a contract but is a real right of warranty or accessory real right or guarantee. When studying a legal institution is important previously to his Studio to define it in order to not be confused with another legal institution, and the studies are more accurate, and are not inaccurate. It is also important to define the legal institution studied to-investigations not misleading to those who take them into account for future research. In the dictionary of the language Spanish for Royal Academy Spanish defines the mortgage as the real right that gravel ships, holding them to respond the fulfilment of an obligation or the payment of a debt, i.e. According to the Diccionario de la Real Academia Espanola the mortgage or real estate is a real right estate gravel and ships. The Spanish Civil Code defines the mortgage in his 1876 article pointing out that mortgage holds directly and immediately goods on which is imposed, anyone who is the holder, the fulfilment of the obligation for whose safety was established.
This definition is not required that the mortgage only rests real estate, so with that definition mortgage is applicable to movable property. The German Civil Code defines the mortgage in its article 1113 as a lien imposed on an estate by virtue which he for whose benefit it is established can get her determined sum of money to collect a credit recognised in their favor. In this definition the mortgage falls on farms.