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ANTICHRESIS
ANTICHRESIS PLEDGE
Characteristics: (FANC)
ANTICHRESIS REAL MORTGAGE
1. Formal- in writing
Property delivered to Debtor usually retains
2. Accessory the creditor possession of property
Delivery is not required as to the validity of the Creditor is obliged to Creditor has no such
contract; It is required so that the creditor may receive pay the taxes and obligation
the fruits charges upon estate,
unless there’s contrary
provision
Parties to the contract: Debtor & creditor Creditor given No such obligation on
Essential requisites: (COC) possession shall apply the part of the
fruits to payment of mortgagee
1. Consent- meeting of the offer and acceptance upon the interest, if owing,
thing and the cause which are to constitute the contract thereafter to principal
debt
2. Object
3. Cause
Similarity: subject matter is real property; antichresis
gives a real and not merely a personal right if it is
Antichresis IS NOT A REAL CONTRACT. Hence, delivery registered in the Registry of Property
of the property to the creditor is not required for the
perfection of the contract
Express stipulation of the obligation of the creditor
(application of the fruits to interest, if owing, and
Right of creditor to the fruits: Covers all the fruits of the then to principal) is required for it to be considered as
encumbered property: but parties may stipulate otherwise antichresis
Article 2134. The amount of the principal and of the Sums spent shall be charged against
interest shall be specified in writing; otherwise, the the fruits of the property
contract of antichresis shall be void. (n)
The sums spent for the purposes stated in this article shall GR: The debtor cannot demand the return of the
be deducted from the fruits. (1882) property delivered, which stands as a security, until
the debt if totally paid.
Creditor acquires the right to enjoy the fruits of the He may COMPEL the debtor to reacquire
property delivered to him the enjoyment of the same except when
there is a contrary stipulation
This right carries two obligations which are the
necessary consequences of the contract:
Remedies of Creditor:
Article 2089:
1. Action for specific performance
Antichresis is indivisible, even though the
2. Petition for sale of real property as in foreclosure of
debt may be divided among
mortgages under Rule 68 of Rules of Court
successors-in-interest of debtor or of
creditor
Not possible because possession is not in the concept The contract of antichresis may secure
of owner; the possession of an antichretic creditor is in all kinds of obligations, be they pure
the concept of holder or subject of a suspensive or
resolutory condition