SECTRANDS Flashcards

1
Q

DEF OF PLEDGE

A

it is a delivery of an movable to secure an obligation

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2
Q

DEF OF REM

A

it is a delivery of an immovable to secure an obligation

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3
Q

REQUISITE OF PLEDGE

A

Security, Free Disposal, Absolute Owner , Alienation, Public Instrument, Delivery (SOFA-PD)

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4
Q

REQUISITES OF REM

A

Security, Absolute Owner, Free Disposal, Alienation, Registration (Possession by the Mortgagee is not required)

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5
Q

NATURE OF PLEDGE

A

Real, Accessory, Unilateral, Subsidiary, Indivisible

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6
Q

NATURE OF REM

A

Real, Accessory, Subsidiary

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7
Q

FORM OF REM

A

No form for Validity but must be in writing to bind TP

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8
Q

FORM OF PLEDGE

A

No form for Validity but must be in writing to bind TP

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9
Q

SUBJ MATTER OF PLEDGE

A

MOVABLE: FUTURE PROPERTY NOT ALLOWED. THE PLEDGOR MUST BE THE ABSOLUTE OWNER

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10
Q

SUBJ MATTER OF REM

A

IMMOVABLE OR REAL RIGHTS: FUTURE PROPERTY IS NOT ALLOWED: EXCEPT FUTURE IMPROVEMENT

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11
Q

EXTENT OF PLEDGE

A

INTEREST, EARNINGS;OFFSPRING (EWS)

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12
Q

EXTENT OF REM

A

EXTENDS TO FRUITS, ACCESSORIES AND OFFSPRINGS

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13
Q

CONSIDERATION OF PLEDGE

A

PLDEGOR, DETOR; PRINCIPAL CONTRACT.
TP PLEDGOR: LIBERALITY

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14
Q

CONSIDERATION OF REM

A

SAME AS THE PRINCIPAL CONTRACT

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15
Q

PROCEDURE OF REM

A
  1. EXECUTE
    2.NOTRAIZE
  2. DOC STAMP TAX
    4.REGISTRY OF THE DEEDS
  3. ANNOTATE
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16
Q

PLEDGEE HAS NO RIGHT TO USE EXCEPT.

A

authorized and for preservation

17
Q

RIGHTS OF PLEDGOR

A
  1. ALIENATE BIUT NO TRANSMISSION UNTIL CONSENT GIVEN BY THE PLEDGEE
  2. DEMAND DEPOSIT IN CASE OF WILLFUL IMPAIRMENT BY PLEDGEE
    3.PREFERRED BIDDER
18
Q

RIGHTS OF PLEDGEE

A
  1. RETENTION UNTIL FULL PAYMENT
  2. APPLY FRUITS TO INTEREST, PRINCIPAL
  3. IF DECIEVED AS TO QUALITY (SUBSTITUTE OR DEMAND IMMEDIATE PAYMENT)
    4.PUBLIC SALE (DU-PA-NO-NO)
19
Q

PEDGEE SALE

A

EXTINGUISHMENT

20
Q

PLEDGE: DEFIENCY AND EXCESS

A

PLEDGEE IS NOT ENTITLE TO DEFIENCY; PLEDGOR NOT ENTITLED TO EXCESS (EWS) EXCEPT LEGAL PLEDGE

21
Q

PROHIBITION OF ALIENATION BY MORTGAGOR IS NOT ALLOWED EXCEPT

A

FOR REGULATION

22
Q

DEF OF ANTICHRESIS

A

creditor acquires the right to
receive the fruits of an
immovable belonging to the
debtor, with the obligation to
apply to the interest, if owing,
and thereafter to the principal

23
Q

REQUISITES OF ANTICHRESIS

A

Writing, Real Property
*Delivery not required for
VALIDITY, only required for
creditor to RECEIVE

24
Q

NATURE OF ANTICHRISES

A

Accessory, Formal, applies to
ALL FRUITS (ews)

25
Q

FORM OF ANTICHRISES

A

Must be in writing in order to be VALID

26
Q

SUBJ MATTER OF ANTICRISES

A

Interest over Immovable

27
Q

EXTENT OF ANTICHRISES

A

ALL FRUITS w/ obligation to
apply to interest, principal

28
Q

MARKET VALUE AT THE TIME OF APPLICATION - ANTICHRISES

A

ACTUAL MARKET VALUE AT THE TIME OF APPLICATION - ANTICHRISES

29
Q

RIGHT TO APPLY TO FRUITS - ANTICHRISES

A

Unlike mortgage, creditor
acquires only the right to receive the fruits of the property; not a real right

30
Q

DEF OF CHATTEL MORTAGAGE

A

personal property is recorded in the ChattelMortgage Register as a security for the performance of an obligation.

31
Q

REQUISITES OF CHATTEL MORTAGGE

A

SOFAR + Affidavit of GF
*Possession by Mortgagee not
required

32
Q

NATURE OF CHATTLE MORTAGAGE

A

Accessory, Formal, Unilateral

33
Q

FORM OF CHATTLE MORTGAGE

A

No form for VALIDITY but must
be in writing to BIND TP
* Registration + Affidavit of
GF

34
Q

SUBJ MATTER OF CHATTLE MORTGAGE

A

MOVABLE