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In Peru, there are legal figures that, despite ofbeing abolished, continue having real effects. Such is the case of the "open mortgage", which survives in our legal system. In this article, in regard to a recent judicial decision by the Peruvian Supreme Court, the author explains the figures of the "open mortgage" and the "ordinary mortgage", showing their differences and warning of the inadequacy of equating their jurisprudential treatment.doaj:6350ab71df1143f4bc4f307a4d22f2e3 fatcat:xvhskjmo3rd2tciorhrsxwbdca