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DISTINGUISH AS TO PLEDGE ANTICHRESIS CHATTEL MORTGAGE REAL ESTATE

THE FOLLOWING: MORTGAGE


Real contract: Accessory Real contract;
Kind of contract (Real, Consensual contract; Accessory contract;
contract; Unilateral Accessory contract;
Personal, Consensual, Accessory contract; Formal contract;
contract; Subsidiary Subsidiary contract;
etc.) contract Formal contract Unilateral contract
Unilateral contract
Immovables and
Object of contract
Movable asset or alienable real rights
Real property Personal property
incorporeal rights imposed upon
immovables
Constituted to secure fulfillment of a
Form/Format of contract principal obligation; Pledgor is Amount of the Recording of the Property must appear
(Requirements as to absolute owner; Pledgor has free
disposal of property or has legal
principal and of the property in Chattel in a public document
formality/ authority; interest shall be Mortgage Register is duly recorded in the
Written form agreement;
enforceability/validity) Transfer of possession. specified in writing. necessary for validity. Registry of Property.
Who has possession of
the object of the contract
Pledgee Creditor Mortgagee Mortgagor

Application/possession The thing delivered shall be


Creditor acquires the right to enjoy
the fruits of the property delivered
Manifestations of The mortgagee shall
of fruits returned with all its fruits to him; Payment of all taxes and ownership are control be subject to the
and accessions when the charges upon the estate;
Application of the fruits of the
and enjoyment over obligation of an
obligation is fulfilled. the thing owned. antichresis creditor.
estate.
Entitlement of creditor Creditor must bring an action When property is foreclosed,
creditor is entitled to recover the
Mortgagee is entitled to recover
the deficiency if there be a balance
for specific performance;
to deficiency judgment deficiency from the debtor, except due; where a third person is the
No deficiency claim. Petition for the sale of the real
id the chattel mortgage is a mortgagor, he is not liable for any
property as in a foreclosure security for the purchase of defieciency in the absesnce of
of mortgage. personal property in installments. contrary stipulation.
DISTINGUISH AS TO PLEDGE ANTICHRESIS CHATTEL MORTGAGE REAL ESTATE
THE FOLLOWING: MORTGAGE

Kind of contract (Real,


Personal, Consensual,
etc.)

Object of contract

Form/Format of contract
(Requirements as to
formality/
enforceability/validity)

Who has possession of


the object of the contract

Application/possession
of fruits

Entitlement of creditor
to deficiency judgment