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Pledge Real Mortgage

1. A pledge involves delivery of movable property or incorporeal rights as collateral, while a real mortgage involves delivery of rights over immovable property. A pledge is perfected through delivery to the creditor, while a real mortgage is perfected through consent without requiring delivery. 2. A pledge and chattel mortgage both involve movable property, but a chattel mortgage must be recorded with an affidavit of good faith. 3. A real mortgage involves immovable property rights and is recorded, while a chattel mortgage involves movable property and must be recorded with an affidavit. 4. A real mortgage is recorded, while an antichresis specifies the loan amount and interest in writing and

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89 views2 pages

Pledge Real Mortgage

1. A pledge involves delivery of movable property or incorporeal rights as collateral, while a real mortgage involves delivery of rights over immovable property. A pledge is perfected through delivery to the creditor, while a real mortgage is perfected through consent without requiring delivery. 2. A pledge and chattel mortgage both involve movable property, but a chattel mortgage must be recorded with an affidavit of good faith. 3. A real mortgage involves immovable property rights and is recorded, while a chattel mortgage involves movable property and must be recorded with an affidavit. 4. A real mortgage is recorded, while an antichresis specifies the loan amount and interest in writing and

Uploaded by

KAYE JAVELLANA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Differences for each item.

1. Pledge vs Real Mortgage

Pledge Real Mortgage


Involves delivery of movable or Involves delivery of immovable or real
document evidencing incorporeal rights. rights over immovable property.

Description of the thing pledged and the Document is recorded in the Registry of
date of pledge is written in a public Property.
instrument.
Perfected through the delivery to the Perfected by consent and delivery is not
creditor or third person by a common necessary.
agreement.
The remedy in case of debtor’s default is The remedy in case of mortgagor’s default
to sell the thing through public auction. is foreclosure or intervention of the court
may be necessary.

2. Pledge vs Chattel Mortgage

Pledge Chattel Mortgage


Description of the thing pledged and the It is recorded in the Chattel Mortgage
date of pledge is written in a public Register with an Affidavit of Good Faith.
instrument.
The purpose of the form is for The purpose of the form is the validity for
convenience. the registration and convenience for the
Affidavit of Good Faith.

Involves delivery of movable or Involves delivery of movable or personal


document evidencing incorporeal rights. property.

Perfected through the delivery to the Perfected by consent and delivery is not
creditor or third person by common necessary (consensual contract).
agreement (real contract).
The remedy in case of debtor’s default is The remedy in case of mortgagor’s default
to sell the thing through public auction. is foreclosure or intervention of the court
may be necessary.

3. Real Mortgage vs Chattel Mortgage


Real Mortgage Chattel Mortgage
Real Contract Formal contract because of its validity.

Involves delivery of immovable or real Involves delivery of movable or personal


rights over immovable property. property.
Document in recorded in the Registry of It is recorded in the Chattel Mortgage
Property. Register with an Affidavit of Good Faith.

The purpose of the form is for The purpose of the form is the validity for
convenience. the registration in the Chattel Mortgage
Register; convenience for the Affidavit of
Good Faith.

4. Real Mortgage vs Antichresis

Real Mortgage Antichresis


Document in recorded in the Registry of The amount of the principal and of the
Property. interest is specified in writing.
The purpose of the form is for The purpose of the form is for validity.
convenience.
Involves delivery of immovable or real Involves delivery of the fruits of the
rights over immovable property. immovable property.

Perfected by consent and delivery is not Perfected by consent and property is


necessary. delivered to the creditor.

The remedy in case of mortgagor’s default The remedy in case of debtor’s default
is foreclosure or intervention of the court can be an action for performance or to
may be necessary. petition for the sale of real property as in
a foreclosure of mortgages.

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