Resumen

LOPEZ-CASTRO, YIRA. Mortgage Loans in the Constitutional Jurisprudence: A History of Uncertainties and Trivialization of the Right to Housing. Rev. Derecho Estado [online]. 2023, n.56, pp.191-215.  Epub 15-Mayo-2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n56.07.

In the model for access to a home based on private property and indebtedness, the link between individuals and their homes is especially fragile due to systemic economic situations and to situations of personal insolvency or illiquidity of debtors over the long-term contractual relationship they have with banks. In Colombia there is no legal development of the right to housing nor a dogmatic construction in jurisprudence that explains what can be claimed when the right to housing is demanded, who can sue it, and how.

The central argument of this article is that even at the time of the 1999 mortgage crisis when the right to housing was eloquently invoked, both by the legislator and by constitutional jurisprudence, the dogmatic configuration of the right to housing has been weak. As the claims of the debtors move away from the problems related to the crisis, the guardianship decisions have considered that only when special conditions concur in the debtor, it could deserve constitutional protection.

Palabras clave : Housing finance; right to housing; mortgage loan; housing policy; constitutional jurisprudence.

        · resumen en Español     · texto en Español     · Español ( pdf )