The contract of mortgage or loan is that contract in which one party (lender) transfers to another (the borrower) a sum of money with the obligation to return itIn case the loan is under consideration you will be the payment of interest to be applied on the sum to be return.
These are determined by the parties, within the limits imposed by law according to the legal rate, which it establishes.
In the case of interests agreed to a greater extent than the legal one, there is the requirement of the written form without prejudice to the absolute prohibition to enter into interest usurious. So the non-observance of the written form, in the case of interest higher than the legal measure, as the agreement of interests usurious, entail the nullity of the agreements relating to the same and the reduction in the legal size. To ensure the repayment of the loan can be forms of guarantee by mortgage, guarantee or pledge. With the mortgage shall be assigned a pre-emption right on real estate to protect a lender against the risk of insolvency of the borrower. The surety is, on the other hand, when a third party guarantees the fulfilment de the borrower binding himself personally to the creditor. Once you have finalized the contract, this should be signed and dated in duplicate and in the case of a real guarantee (mortgage) recorded and transcribed.
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