8 Antichresis
8 Antichresis
8 Antichresis
VIII
ANTICHRESIS*
(Arts. 2132-2139.)
Chapter 4
ANTICHRESIS
473
474 COMMENTS AND CASES ON CREDIT Art. 2132
TRANSACTIONS
Delivery of property.
Antichresis requires the delivery by the debtor of the property
given as security to the creditor. But such delivery is required
only in order that the creditor may receive the fruits and not that
the contract shall be binding.
The contract does not cover the immovable but only its fruits.
ILLUSTRATIVE CASE:
In consideration of the payment of mortgagor’s indebtedness to
mortgagee, payor was given possession of mortgaged property until
he is fully reimbursed.
Facts: After the foreclosure by DBP (mortgagee) of the
mortgage on the property of A (mortgagor), the latter entered
into a contract with B entitled “Deed of Sale with Assumption
of Mortgagee.” Under the contract, B would assume and pay
the indebtedness of A to DBP and in consideration therefor, B
was given the possession, the enjoyment and use of the lands
Art. 2132 ANTICHRESIS 475
and pledge. (see Art. 1307; Tavera vs. El Hogar Filipino, Inc., 68
Phil. 712 [1939].)
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