in order to bind third persons Embodying the contract in a public showing the description of the document thing pledged and the date of the pledge
contract is registered to the registration in the Chattel Registry of Deeds to bind third Mortgage Register which is persons situated in the Registry of Deeds
Necessity of Registration
does not necessitates registration
Remedy in case of deficiency in foreclosure sale
Deficiency cannot be recovered even if there is a stipulation
Deficiency can be recovered
Treatment of Excess in foreclosure sale
Excess is retained by the pledgee unless there is a stipulation
Excess belongs to the mortgagor. Thus, excess shall be returned by the mortgagee regardless of contrary stipulation
When appropriation allowed
Thing pledged is not sold in two public auctions
appropriation is not allowed
appropriation is not allowed
appropriation is not allowed
Obligations it can secure
all kinds of obligations
may secure future obligations
cannot secure future obligations
all kinds of obligations
Use of the thing/security
use is not allowed unless authorized by owner and when the use is necessary for its preservation
use is impossible since the property is not in the possession of the mortgagee
use is impossible since the use is allowed and the fruits will property is not in the possession be applied to the charges and of the mortgagee interest on the principal debt
Transfer of ownership
Ownership is not transferred since it is merely a security on debt
Ownership is not transferred since it is merely a security on debt
Constitution of the contract on the same object
thing can be pledged once
Deficiency can be recovered except in case of personal property sold on installment basis and lease of personal property with an option to buy
does not necessitates registration
Deficiency can be recovered
Excess belongs to the Excess belongs to the mortgagor. mortgagor. Thus, excess shall be Thus, excess shall be returned by returned by the mortgagee the mortgagee regardless of regardless of contrary contrary stipulation stipulation
Ownership is not transferred since it is merely a security on debt
mortgagor can execute another mortgagor can execute another mortgage on same property mortgage on same property
Ownership is not transferred since it is merely a security on debt Antichresis can only be constituted once
Object of the Contract
Commodatum Movable or Immovable; nonconsumable but may be consumable but non-fungible
Mutuum
Deposit
money or consumable/fungible things
Movable and immovables in the case of judicial deposit
kind of cause
essentially gratuitous
may be gratuitous or onerous
presumed gratuitous
intention
Use;safekeeping is incidental
Consumption
Safekeeping
Manner of Perfection
perfected by delivery
perfected by delivery
perfected by delivery
Transfer of Ownership
ownership is retained to the lender
ownership is transferred to the borrower
ownership is retained to the depositor
Who suffers in case of loss
loss is suffered by the bailor
loss is suffered by the borrower
depositor if without the fault of the depositary
Necessity of the ownership of bailor/lender/depositor
ownership is not necessary as long as authorized to alienate the right to use the property
ownership is necessary
generally must be the owner but not necessarily
borrower is liable for the Who shoulders to the ordinary expenses since the ownership of depositor if the deposit is expenses for the use or bailee shall be liable for the expenses the thing has already been gratuitous; depositary if onerous preservation of the thing transferred Demand for the return of the object at will
if precarium;
lender must wait until the expiration of the period granted to the debtor
the depositor can demand the return of the subject matter
