Alfonso Hernández-Moreno, full academician of the Royal European Academy of Doctors-Barcelona 1914 (RAED), questions the effectiveness of the right to the retracto of litigious credits that regulates the Spanish Civil Code. With this name they know the right of the debtor who is litigating with the creditor, if he sells his credit against the first, to extinguish it and paralyze its execution paying exactly the amount paid by the new creditor. Hernández-Moreno argues this defenselessness and its possible unconstitutionality in the speech “El retracto de créditos litigiosos y el derecho a la vivienda” (The retracement of litigious credits and the right to housing), which he read at the European Congress of Interdisciplinary Research of the RAED held between July 15 and 22 in various cities of the Baltic.
“In order to prevent such overwhelming speculation, Roman law provided such a possibility, which became the modern Codes. Today, the Spanish Civil Code, in its article 1,535, also allows this, but in practice, it prevents the debtor’s right to redeem his credit, which consumes scandalous assumptions of speculation, which is, ultimately, what the institution and the principles that inspire the figure of the Civil Code”, says the academician.