Substitute figures of the payment of the credit antecedents and their consideration in the present law: the apotimema, datio in solutum, and the dation in payment

Abstract

Dation in payment (Datio in solutum) is a topic subject, demanded by large social groups, that means the possibility for the debtor to deliver the property of the mortgaged real estate in substitution of the debt payment, in case of impossibility of dealing with the mortgage loan payment. Namely, the debt pays with his good instead of with his money. In this contribution, we try to analyze the datio in solutum origin, from its appearance and influences in the old figures of the greek real securities, its evolution in the Roman law as a negocial continuity in the Mare Nostrum, its treatment in the classical, post-classic and medieval doctrine, with a brief reference to the legal treatment by the romanístic doctrine and finishing with a mention to the development of the subject in the recent doctrine, the Europen Union legislation and the Spanish present of the European Union, and in the present spanish state legislation..