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Philippine Civil Code, Art. 2087

Provisions Common to Pledge and Mortgage · Formerly Art. 1858 of the old Civil Code

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Statute
Philippine Civil Code
Article
Art. 2087
Topic
Provisions Common to Pledge and Mortgage
Status
In force
Book
BOOK IV Obligations and Contracts
Title
TITLE XVI PLEDGE, MORTGAGE AND ANTICHRESIS
Chapter
CHAPTER 1 Provisions Common to Pledge and Mortgage
Formerly
Art. 1858 of the old Civil Code
Year
1949
Cited by
A Supreme Court decision

The provision

It is also of the essence of these contracts that when the principal obligation becomes due, the things in which the pledge or mortgage consists may be alienated for the payment to the creditor. (1858)

Intellegal Wiki · In plain terms

States an essential feature of pledge and mortgage: if the secured debt is not paid when it becomes due, the pledged or mortgaged property may be sold, with the proceeds used to pay the creditor. This right to have the security sold on default is what makes these contracts function as security for the obligation.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Civil Code, Art. 2087 is found in CHAPTER 1 Provisions Common to Pledge and Mortgage of TITLE XVI PLEDGE, MORTGAGE AND ANTICHRESIS of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.