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Concept of Bail in the Civil Law

The pledge is known from the times of Roman law, which referred him to the category of rights to other people's things. Today the concept of "mortgage" is used in several meanings: a) the form of the pledge with the pledgee leaving the collateral; b) a special proprietary right to property that allows the creditor's claims to be secured by disposing of the object of the mortgage; c) pledge of immovable property.

Subjects of the pledge software:

  • Pledgor
  • Pawnbroker.

In today's SOE, a pledge is understood as a legal relationship in which the creditor, in the event of non-performance or improper performance of the secured obligation, has the right to receive satisfaction from the value of the pledged property mainly before other creditors, with exemptions established by law.

By a general principle, the lien is an accessory; Can exist only as long as the secured obligation (TOE) exists, the termination of which entails the termination of the pledge. Termination of the pledge does not entail termination of the GS. A pledgee's concession of his rights under a pledge agreement to another person is valid if the same person is assigned the right to claim against the PA. With transfer to another person of a debt under an obligation secured by a pledge, the pledge is terminated if the pledgor has not given the creditor the consent to be responsible for the new debtor. Unless otherwise proven, the assignment of rights under a mortgage agreement also means the assignment of rights under a mortgage-backed undertaking.

The claim secured by the pledge must be of a pecuniary nature and the GZ establishes, unless otherwise provided by the contract, that the demand is secured by the pledge to the extent it has by the time of satisfaction, in particular interest, penalty, compensation for losses caused by delay in performance, Expenses of the pledgee on the content of the pledge and the costs of recovery.

Types of collateral:

  • Mortgage - involves the transfer of mortgaged property to the mortgagee. At the same time, it is important that "the creditor, acquiring the pledged thing, does not own it and does not use it, but only retains it, becomes its guardian, and therefore must keep it intact under its own responsibility."
  • A pledge without transfer of property to the pledge holder is the dominant form of the pledge, since in principle, under current legislation, the pledged property remains with the mortgagor, unless otherwise provided by the contract.

The pledge is known from the times of Roman law, which referred him to the category of rights to other people's things.

Assignment ID
100004940
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CREATED ON
30 May 2017
COMPLETED ON
1 June 2017
Price
$26
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