Mutuatario

Mutuatário is a legal term used in several Romance-language systems to designate the borrower in a loan transaction. It refers to the natural person or legal entity that receives funds from a lender (mutuante) under a loan agreement and agrees to repay the principal, along with interest and any applicable charges.

Obligations typically associated with the mutuatário include adhering to the repayment schedule, providing information for credit assessment, and, in secured loans, maintaining collateral. The mutuatário bears the risk of default; failure to meet obligations can trigger late fees, acceleration of the debt, legal action, or negative effects on creditworthiness. In mortgage or secured loans, the loan is backed by collateral such as real estate, and the lender may foreclose if the mutuatário fails to fulfill obligations.

Mutuatário can be an individual or a corporate entity and may be subject to consumer protection laws, usury rules, and interest-rate regulations depending on the jurisdiction. The specific rights and duties are defined in the loan agreement and relevant civil or commercial law.

Relation to other terms: the mutuatante (lender) provides funds; the debt relationship is governed by contract and applicable law. The concept is commonly used in civil-law and banking contexts to distinguish the party that borrows from the party that lends. See also: borrower, debtor, lender, loan agreement, collateral, mortgage.