Understanding Mutual, Loan, Deposit, and Pledge Agreements

Mutual Agreements: Consumer Loans

First Part:

The Mutual: Consumer loan (free)

Subjects:

• Mutuante: Who delivers the thing
• Borrower, who accepts and agrees to rollback.

Subject Matter:

Stuff Supplies: money, cereals.

Cause:

Delivery of the thing

Actions:

For the return of the thing: actions of the law.

If it was wheat: Trigari action

If it was money: Credit money action.

Maritime loans: A person pays a shipowner money to take a commodity, money should reach port. The money was to buy merchandise.

Respond by: Pay guilt, deceit and assumes the risk of unforeseeable circumstances.

Muto would argue: borrowed money to invest and be repaid with interest, loan for use (free).

Loaning Agreements

Subjects:

• Lender: Who delivers the thing
• Borrower: who accepts and agrees to rollback.

Subject Matter:

Things inedible, and real estate.

Cause:

The delivery of the intended use

Actions:

To the return of the thing by the lender.

Contrary, when the borrower makes expenditures on the thing. Could be retained until payment of the lender.

Respond by: Guilt, deceit, custodial and theft

No replies by accident.

Deposit Agreements

Deposit: Check one thing happens custody

Subjects:

• Depositor: Who delivers the thing
• Depositary: Who guards the thing

Subject Matter:

Non-expendable personal property or may be individualized.

Actions:

• Direct Action: restore repository
• Contrary: for the payment of unthinkable (compensation)

Respond by: Dolo, provides negligence, not mild.

Special Deposits:

• Required: (Fire and Disaster) refuses to accept it if after doing so, is obligated to pay double.
• Irregular: (money or things)
• Kidnapping: There is litigation and it gets on deposit in the hands of a kidnap until litigation is resolved.

Pledge Agreements

The Pledge: Foundation of a thing to ensure fulfillment of an obligation

Subjects:

• Pledgee debtor: In primary obligation is to give them the thing, the garment becomes a creditor or pignorante
• Pledgee: Creditor obligation, receives and returns the thing. Pledge is the debtor.

Objects:

Movable or immovable

Causes:

The supply of goods as collateral. Is ancillary to the principal obligation.

Actions:

• Direct: For the return of the thing.

Pacts that could be added to the garment:

• Covenant or lex cominisoria: Failure to fulfill the obligation the debtor loses the rights to the contract and the pledge.
• Sales Pact: The pledgee could sell the thing given as a pledge and collect the debts. Return the surplus.
• Antichresis pact: They took the fruit as interest.

Respond by: Dolo, Guilt, Diligence,

In the answers, act of God.