Читать книгу Retos y desafíos de las garantías reales - Abel B. Veiga Copo - Страница 70

Who doesn’t know that it takes two for a tango. In principle, the same is true for a credit relationship. As a matter of fact, in that relationship there might be more than one person on either side; but it is always the case that one side is the debtor side and the other one is the creditor side. Thus, there is no creditor without a debtor. Using the terminology of a “creditor” implies a reference to a legal relationship or – in the words of the ancient emperor Iustinian: to a vinculum iuris1. It would be misleading to call, for instance, the spectators of a soccer game or friends meeting in a pub for a beer “creditors” rather than persons.

Accordingly, the use of this term catapults us right into the legal realm. And when we specify this term by addressing a “creditor in a credit relationship” we land in that part of the legal territory in which the creditor is not only defined in his correlation to the debtor but also in which his right to claim performance from the debtor is extended into the future. In other words, there is a time factor playing a role which makes it permissible if not appropriate to address some scattered aspects of the fascinating interrelationship between time and law.