Beruflich Dokumente
Kultur Dokumente
Real Mortgage Immovables and alienable real rights consent of the parties
in order to bind third persons Embodying the contract in a public showing the description of the document thing pledged and the date of the pledge does not necessitates registration
for convenience
Necessity of Registration
contract is registered to the registration in the Chattel Registry of Deeds to bind third Mortgage Register which is persons situated in the Registry of Deeds Deficiency can be recovered except in case of personal property sold on installment basis and lease of personal property with an option to buy
Excess is retained by the pledgee unless there is a stipulation Thing pledged is not sold in two public auctions all kinds of obligations use is not allowed unless authorized by owner and when the use is necessary for its preservation
Excess belongs to the Excess belongs to the Excess belongs to the mortgagor. mortgagor. Thus, excess shall mortgagor. Thus, excess shall be Thus, excess shall be returned by be returned by the mortgagee returned by the mortgagee the mortgagee regardless of regardless of contrary regardless of contrary contrary stipulation stipulation stipulation appropriation is not allowed appropriation is not allowed appropriation is not allowed
may secure future obligations cannot secure future obligations use is impossible since the property is not in the possession of the mortgagee
use is impossible since the use is allowed and the fruits will property is not in the possession be applied to the charges and of the mortgagee interest on the principal debt Ownership is not transferred since it is merely a security on debt Ownership is not transferred since it is merely a security on debt Antichresis can only be constituted once
Transfer of ownership
Ownership is not transferred Ownership is not transferred since it is merely a security on since it is merely a security on debt debt thing can be pledged once
mortgagor can execute another mortgagor can execute another mortgage on same property mortgage on same property
Object of the Contract kind of cause intention Manner of Perfection Transfer of Ownership Who suffers in case of loss
Commodatum Movable or Immovable; nonconsumable but may be consumable but non-fungible essentially gratuitous Use;safekeeping is incidental perfected by delivery ownership is retained to the lender loss is suffered by the bailor ownership is not necessary as long as authorized to alienate the right to use the property
Mutuum money or consumable/fungible things may be gratuitous or onerous Consumption perfected by delivery ownership is transferred to the borrower loss is suffered by the borrower
Deposit Movable and immovables in the case of judicial deposit presumed gratuitous Safekeeping perfected by delivery ownership is retained to the depositor depositor if without the fault of the depositary generally must be the owner but not necessarily
ownership is necessary
borrower is liable for the Who shoulders to the ordinary expenses since the ownership of depositor if the deposit is expenses for the use or bailee shall be liable for the expenses the thing has already been gratuitous; depositary if onerous preservation of the thing transferred Demand for the return of the object at will if precarium; lender must wait until the expiration of the period granted to the debtor the depositor can demand the return of the subject matter