DISTINGUISH AS TO
THE FOLLOWING:
Real contract: Accessory
Kind of contract (Real,
Personal, Consensual,
etc.)
Object of contract
Constituted to secure fulfillment of a
Form/Format of contract
(Requirements as to
formality/
enforceability/validity)
Who has possession of
the object of the contract
Application/possession The thing delivered shall be
of fruits returned with all its fruits
Entitlement of creditor
to deficiency judgment
PLEDGE
contract; Unilateral
contract; Subsidiary
contract
Movable asset or
incorporeal rights
principal obligation; Pledgor is
absolute owner; Pledgor has free
disposal of property or has legal
authority;
Written form agreement;
Transfer of possession.
Pledgee
and accessions when the
obligation is fulfilled.
No deficiency claim.
ANTICHRESIS
Consensual contract;
Accessory contract;
Formal contract
Real property
Amount of the
principal and of the
interest shall be
specified in writing.
Creditor
Creditor acquires the right to enjoy
the fruits of the property delivered
to him; Payment of all taxes and
charges upon the estate;
Application of the fruits of the
estate.
Creditor must bring an action
for specific performance;
Petition for the sale of the real
property as in a foreclosure
of mortgage.
CHATTEL MORTGAGE
Accessory contract;
Formal contract;
Unilateral contract
Personal property
Recording of the
property in Chattel
Mortgage Register is
necessary for validity.
Mortgagee
Manifestations of
ownership are control
and enjoyment over
the thing owned.
When property is foreclosed,
creditor is entitled to recover the
deficiency from the debtor, except
id the chattel mortgage is a
security for the purchase of
personal property in installments.
REAL ESTATE
MORTGAGE
Real contract;
Accessory contract;
Subsidiary contract;
Unilateral contract
Immovables and
alienable real rights
imposed upon
immovables
Property must appear
in a public document
duly recorded in the
Registry of Property.
Mortgagor
The mortgagee shall
be subject to the
obligation of an
antichresis creditor.
Mortgagee is entitled to recover
the deficiency if there be a balance
due; where a third person is the
mortgagor, he is not liable for any
defieciency in the absesnce of
contrary stipulation.
 DISTINGUISH AS TO PLEDGE ANTICHRESIS CHATTEL MORTGAGE REAL ESTATE
THE FOLLOWING: MORTGAGE

Kind of contract (Real,

Personal, Consensual,
etc.)

Object of contract

Form/Format of contract
(Requirements as to
formality/
enforceability/validity)

Who has possession of

the object of the contract

Application/possession
of fruits

Entitlement of creditor
to deficiency judgment