Pactum Creditor cannot appropriate the property gratuitous With compensation

Antichresis Pledge commissoriu himself in payment of the debt The depositor is obliged to No reimbursement because
Object Real property Personal property m reimburse the depositary of the compensation would
Perfection by mere Delivery The debtor defaults, the property must be the expenses for already have considered the
consent sold for the payment of the creditor preservation, meaning expenses
Nature of consensual Real contract extinguishme Both are extinguished by fulfillment of the necessary (ordinary or
contract nt principal obligation or destruction of the extraordinary)
control Both loses control over the thing mortgaged
property
Judicial Extrajudicial
Deposit Mutuum Cause or origin Will of the court Will of the parties
Antichresis Real Mortgage purpos Safekeeping or Consumption of the subject contract
Delivered to the creditor Debtor usually retains e mere custody matter Purpose Security and to Custody and
possession of the return Demand return at If there is a period secure the right of a safekeeping
property any time designated or a purpose party to recover in
Creditor acquires the right merely Creates a real right the term of which it is case of a favourable
to the receive the fruits of the over the property based, the bailor must judgment; status
property and does not produce a which is enforceable respect the period; it may quo; custodia legis
real right against the whole also be at will Subject matter Movable or Movable
world object Movable and Money and any other immovable
Creditor is obliged to pay the taxes Creditor has no such corporeal unless fungible thing Remuneration Always May be gratuitous
and charges upon the estate, obligation judicial remunerated
unless there is a stipulation to the deposit(1966) In whose behalf In behalf of the In behalf of the
contrary it is held person who, by the depositor or third
Creditor given the possession of the No such obligation Deposit Commodatum judgment, has the person
property shall apply the fruits for unless stipulated purpose safekeeping Transfer of the use right designated
the payment of interests, if owing (and then return)
and thereafter, to the principal consideratio May be gratuitous or Essentially
obligation n onerous gratuitous Guaranty Surety
object Generally Movable Movable and Each promises to answer for a debt, default, or miscarriage
and Corporeal things immovable of another
unless judicial Depends on the Assumes liability as a regular
Chattel mortgage pledge independent agreement to party to the undertaking
Delivery Delivery of the Delivery is necessary Irregular deposit Mutuum pay the obligation if the
personal property Return Must be returned Bound by the primary party fails to do so
is not necessary by the depositary provisions of the Collateral undertaking Charged as an original
Registration Registration is Registration in the upon demand contract and promisor
for validity necessary Property Registry is cannot seek Insurer of the solvency Insurer of the debt itself,
not necessary restitution until of the debtor-- not the solvency--
procedure Procedure is found Found in article 2112 time for payment Secondarily or subsidiarily Primarily liableundertakes
in Section 14 of Benefit Benefit accrues Accrues to the liableif the debt cannot be to pay directly for the
Act no. 1508 only to the borrower only paid by the principal payment without reference
Effect of If foreclosed, the If foreclosed, the depositor essentially, but debtor by due diligence in to the solvency of the
foreclosure excess amount will debtor is not entitled interest may be relation to the debtors principal and is so
go to the debtor to the excess unless imposed by the ability to pay (solvency) responsible at once the
it is otherwise agreed lender principal makes default
or a case of a legal Preference over Depositors are Common creditors without any demand by
pledge other creditors preferred over enjoy no creditor or notice of default
If there is If there is deficiency, other creditors preference in the Often discharged by the Will not be discharged either
deficiency, the creditor is not with respect to distribution of the mere indulgence of the by mere indulgence of the
creditor may still entitled to recover the thing they debtors property creditor of the principal, and creditor of the principal or by
recover (unless, deficiency have deposited is usually not liable unless want of notice of the default,
the mortgage is a nothwithtanding notified of the default of the no matter how much he may
security for a stipulation to the Deposit If gratuitous If for a valuable principal be injured thereby
purchase pf contrary consideration Entitled to the exhaustion of Not entitled to the
personal property the properties of the debtor exhaustion of properties to
Return May return the thing Depositary has no
in installment be liable
earlier than deposited for rihg tot retun the
recto lw Not bound to take notice of Held to know every default
the period justifiable reasons things deposited
SIMILARITIES or of (such as need to go before the expiration all the default of the
Accessory Executed to secure a performance of a demand abroad) of the time principal
contracts principal obligation designated even if it
Object Personal property will cause him
Divisibility Indivisible inconvenience; Indorsement
Nature of the Constitutes a lien on the property bound by the period Guaranty
obligation
security
More extensive and the
failure of notice to the
guarantor does not,
generally, discharge the
guarantors liability
absolutely but only to the
extent of the loss he may
have suffered in
consequence thereof
Warrants the solvency of the
promisor
Cannot be sued as a
promisor
Guaranty
Contract by which a person
is bound to another for the
fulfillment of a promise or
engagement of third party
Some undertaking by one party to another to indemnify or
make good the assured against some possible default or
defect in the contemplation of the parties
Guaranty
Being subsidiary and merely
an accessory contract, the
Guarantor cannot bind
himself more than the
principal debtor and if he
does, the amount shall be
reduced to the limits of that
of the debtor
If it be simple or indefinite, it
shall comprise not only of
the principal but also the
judicial costs provided that
the same shall be liable after
he has been judicially
required to pay
Primarily of transfer
Unless the note is promptly
presented for payment at
maturity and due notice of
dishonor given to the
indorser within a reasonable
time, he will be discharged
absolutely
Not answerable to the
insolvency of the promissor
but on the strict compliance
with the law by the holder,
whether promissor is solvent
or not
May be sued
Warranty
An undertaking in the title,
quality, or quantity of the
subject matter of the
contract is what it has been
represented to be, and
relates to some agreement
made ordinarily by the party
who makes the waranty
Surety
Solidarily liable
Can be held liable to an
amount more than that of
the principal because
interests, judicial costs and
attorneys fees, and
penalties may be included