Antichresis

Question 1

What is Antichresis?

Answer 1

Article 2/32

By the contract of antichresis the creditor acquires the right
to receive the fruits of an immovable of his debtor, with the
obligation to apply them to the payment of the interest, if
owing, and thereafter to the principal of his credit.

Question 2

What are the characteristics of antichresis?

Answer 2

a. It is an accessory contract because it secures the
performance of a principal obligation. b. It is a formal contract because the amount of the principal
and of the interest must both be in writing; otherwise the contract of antichresis is void.

Question 3

True or false. Delivery of the property to the creditor is required only in order that the creditor may receive the fruits and for the validity of the contract.

Answer 3

False. Delivery of the property to the creditor is required only in order that the creditor may
receive the fruits and not for the validity of the contract.

Question 4

True or false. It is essential that the loan should earn interest in order that it can be guaranteed with a contract of antichresis. Antichresis is susceptible of guaranteeing all kinds of obligations, pure or conditional.

Answer 4

False.. It is not essential that the loan should earn interest in order that it can be guaranteed with a contract of antichresis. Antichresis is susceptible of guaranteeing all kinds of obligations, pure or conditional.

Question 5

True or false. 3. The fruits of the immovable which is the object of the antichresis must be appraised at their actual market value at the time of the application ().

Answer 5

True. see Article 2138

Question 6

True or false. The property delivered stands as a security for the payment of the obligation of the debtor in antichresis. Hence, the debtor cannot demand its return until the debt is totally paid.

Answer 6

True.

Question 7

True or false. A stipulation authorizing the antichretic creditor to appropriate the property upon the non-payment of the debt within the period agreed upon is valid

Answer 7

False. it is void

(see Article 2038).

Question 8

True or false The creditor acquires the ownership of the real estate for non -payment of the debt within the period agreed upon.

Answer 8

False.

Article 2137
The creditor does not acquire the ownership of the real estate for non-payment of the debt within the period agreed upon.

Question 9

Distinguish between antichresis and mortgage

Answer 9

ANTICHRESIS
the property is delivered to the creditor
the creditor acquires the right to receive the fruits of the property
real property
REAL MORTGAGE
the property is NOT delivered to the creditor
the debtor usually retains possession of the property
the creditor does not have any right to receive the fruits
real property

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