Legal Mechanisms for Credit Security: Surety, Pledge, and Mortgage
Surety and Security Interests
Ancillary Contracts and Guarantees
Ancillary contracts establish a legal relationship intended to ensure or guarantee compliance with a principal credit entitlement.
Classes of Guarantees
- Personal Guarantees
- Real Security Interests
Personal Guarantees
They grant the creditor a right over the personal assets of the debtor or a third party.
- From the debtor: e.g., penal clause.
- From a third party: e.g., surety (fianza), bond.
Surety (Fianza)
Surety is a relationship where a credit is guaranteed by a person other than the debtor. (Section 1822 et seq. of the Civil Code).
Characteristics of Surety
- Incidental nature
- Subsidiarity
The bond may be conventional, legal, judicial, gratuitous, or paid.
Form Requirements
The bond must be explicit,...