Antichresis Contract of Sale with Right to
Repurchase
Accessory contract
No transfer of the title over the property
from the creditor
Failure to pay, creditor cannot acquire
ownership of the property
Antichresis
Consensual contract
Real property
Essentially in writing
Foreclosure in case of nonpayment,
either judicially or extrajudicial
Antichresis
Creditor has acquires the right to receive
the fruits of the property, with obligation
to apply to the debt
Creditor has Possession of the property
Creditor has obligation to pay taxes,
preservation and repairs
Writing is essential in validity of the
contract
Foreclosure by nonpayment, either
judicially or extrajudicial
Principal and independent contract
There id transfer of title
He may dispose as absolute owner
Contract of Pledge
Real contract
Personal property
Public instrument is merely the purpose
of binding the third person
Always extrajudicial
Contract in rem
No such right
Debtor has always possession of the
property
No obligation imposed
Must registered in the Register of
property by mere purpose of binding the
third person
Foreclosure may either by judicial or
extrajudicial at the option of the creditor