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14.Does the pledge extend to the interest and earnings of the thing pledged
LA/LEGAL ANSWERS
- No, unless stipulated.
LD/E-LEGAL DISCUSSIONS/EXPLANATIONS
- If the pledge earns or produces fruits, income, dividends, or
interests, the creditor shall compensate what he receives with those
which are owing him; but if none are owing him, or insofar as the
amount may exceed that which is due, he shall apply it to the
principal. Unless there is a stipulation to the contrary, the pledge
shall extend to the interest and earnings of the right pledged.
- In case of a pledge of animals, their offspring shall pertain to the
pledgor or owner of animals pledged, but shall be subject to the
pledge, if there is no stipulation to the contrary.
LB/R-LEGAL BASIS/LS-LEGAL SOURCE
- Art. 2102
15.Can the pledge use the thing pledged and appropriate its fruits
LA/LEGAL ANSWERS
- Yes
LD/E-LEGAL DISCUSSIONS/EXPLANATIONS
- If the pledge earns or produces fruits, income, dividends, or
interests, the creditor shall compensate what he receives with those
which are owing him; but if none are owing him, or insofar as the
amount may exceed that which is due, he shall apply it to the
principal. Unless there is a stipulation to the contrary, the pledge
shall extend to the interest and earnings of the right pledged.
- In case of a pledge of animals, their offspring shall pertain to the
pledgor or owner of animals pledged, but shall be subject to the
pledge, if there is no stipulation to the contrary
LB/R-LEGAL BASIS/LS-LEGAL SOURCE
- Art. 2102
16.During the pledge, who shall continue to be the owner of the thing pledged
LA/LEGAL ANSWERS
- Pledgor
LD/E-LEGAL DISCUSSIONS/EXPLANATIONS
- The pledgor is the absolute owner of the property
LB/R-LEGAL BASIS/LS-LEGAL SOURCE
- E-files: Pledge-Mortgage-Antichresis
17.What are the consequences should the creditor use or misuse the thing
pledged
LA/LEGAL ANSWERS
- Requiring the item to be deposited to a third person.
LD/E-LEGAL DISCUSSIONS/EXPLANATIONS
- If through the negligence or wilful act of the pledgee, the thing
pledged is in danger of being lost or impaired, the pledgor may
require that it be deposited with a third person.
LB/R-LEGAL BASIS/LS-LEGAL SOURCE
- Art, 2106