- Statute
- Civil Code
- Article
- Art. 2085
- Topic
- Provisions Common to Pledge and Mortgage
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XVI PLEDGE, MORTGAGE AND ANTICHRESIS
- Chapter
- CHAPTER 1 Provisions Common to Pledge and Mortgage
- Formerly
- Art. 1857 of the old Civil Code
- Year
- 1949
The provision
The following requisites are essential to the contracts of pledge and mortgage: (1) That they be constituted to secure the fulfillment of a principal obligation; (2) That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged; (3) That the persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally authorized for the purpose. Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property. (1857)
Cases applying this article
- Conchita Gloria v. Builders Savings G.R. No. 202324
- Rosita G. Tan v. Tan G.R. No. 125861
- Technology Resource Center (Trc) (Formerly Known As Technology v. Heirs of Rodolfo Manipol Alvarez G.R. No. 214410
- Benjamin C. Gutierrez v. Philippine Bank of Communications G.R. No. 223312
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