Statute
Civil Code
Article
Art. 2089
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. 1860 of the old Civil Code
Year
1949

The provision

A pledge or mortgage is indivisible, even though the debt may be divided among the successors in interest of the debtor or of the creditor. Therefore, the debtor's heir who has paid a part of the debt cannot ask for the proportionate extinguishment of the pledge or mortgage as long as the debt is not completely satisfied. Neither can the creditor's heir who received his share of the debt return the pledge or cancel the mortgage, to the prejudice of the other heirs who have not been paid. From these provisions is excepted the case in which, there being several things given in mortgage or pledge, each one of them guarantees only a determinate portion of the credit. The debtor, in this case, shall have a right to the extinguishment of the pledge or mortgage as the portion of the debt for which each thing is specially answerable is satisfied. (1860)

Cases applying this article

Related provisions in this Chapter

Civil Code, Art. 2089 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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