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Guide Questions For Credit Transactions PDF

This document discusses different types of security contracts under Philippine law: pledge, mortgage, antichresis, and chattel mortgage. It defines these terms and compares their key provisions and requirements. The document is divided into sections covering basic concepts, common provisions, specifics of pledge, real estate mortgage, antichresis, and chattel mortgage. It addresses questions around perfecting the contracts, remedies for unpaid creditors, rights of owners and creditors, and other legal aspects of these security agreements.

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164 views1 page

Guide Questions For Credit Transactions PDF

This document discusses different types of security contracts under Philippine law: pledge, mortgage, antichresis, and chattel mortgage. It defines these terms and compares their key provisions and requirements. The document is divided into sections covering basic concepts, common provisions, specifics of pledge, real estate mortgage, antichresis, and chattel mortgage. It addresses questions around perfecting the contracts, remedies for unpaid creditors, rights of owners and creditors, and other legal aspects of these security agreements.

Uploaded by

ramos.jjmr
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Pledge, Mortgage, Antichresis

I. Basic Concepts of Pledge and Mortgage


1. What is a Contract of Pledge?
2. What is a Contract of Mortgage?
3. Differentiate Pledge from Mortgage.
4. Differentiate Real Estate Mortgage from Chattel Mortgage.
5. Differentiate Chattel Mortgage from Pledge.

II. Provisions common to Pledge and Mortgage


6. What are the essential requisites of a Contract of Pledge?
7. What are the essential requisites of a Contract of Real Estate Mortgage?
8. Can a Pledge or Mortgage secure voidable obligation?
9. Can future property be the subject of Pledge or Mortgage?
10. Who is a Mortgagee in Good Faith?
11. Who is an Accommodation Party?
12. What is Pactum Commissorium?
13. Why is Pactum Commissorium expressly prohibited by law?
14. What are the remedies of an unpaid creditor-mortgagee/pledgee?
15. Can a convict, who is suffering the penalty of reclusion temporal, pledge/mortgage his/her
property?

III. Pledge (Sangla)


16. How is a Contract of Pledge perfected?
17. Can shares of stock in a real estate corporation be the subject of pledge?
18. Can real rights over immovables be the subject the subject of pledge?
19. Who is the owner of the thing pledged?
20. What is the Right of Retention?
21. Who bears the ordinary expenses for the preservation of the thing pledged?
22. Can the pledgee use the thing pledged?
23. What are the modes of extinguishing a Contract of Pledge?
24. Can the pledgee recover the deficiency between the amount of the principal obligation and the
actual proceeds of the auction sale?
25. What are the instance/s, if any, when Pactum Commissorium is allowed in Pledge?

IV. Real Estate Mortgage


26. Is it necessary for the mortgagor to deliver the possession of the property to the mortgagee?
27. Can the mortgagor freely dispose the mortgaged property?
28. Can buildings be the subject of mortgage?
29. What is a Dragnet Clause?
30. Can an unpaid creditor-mortgagee avail all the remedies available to him/her in order to enforce
the mortgage debt?

V. Antichresis
31. What is a Contract of Antichresis?
32. Is the rule against Pactum Commissorium applicable to the Contract of Antichresis?
33. Can a car be delivered to the antichretic creditor in order to subject it to Antichresis?
34. Is delivery of the thing subject to Antichresis necessary in order to perfect the said contract?
35. Is it necessary for the antichretic creditor to have the possession of the subject property?
36. What are the remedies of an unpaid antichretic creditor?
37. Is it necessary that the antichretic debtor be the absolute owner of the thing subject to
Antichresis?
38. Can an accommodation party be allowed in a Contract of Antichresis?

VI. Chattel Mortgage


39. What is Chattel Mortgage?
40. Can the mortgagor sell the property subjected to Chattel Mortgage?

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