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b. Those who executed work or labor upon a personal or movable property, for
example a car, has the right to retain the car by way of pledge until he is
reimbursed or paid.
c. In an agency, an agent may retain in pledge the things which are object of the
agency until the principal effects the reimbursement and pays the indemnity.
d. A laborers wages shall be considered lien on the goods he participated in
manufacturing or the his work done.
e. In a contract of deposit, the depositary has the right of retention of the thing
deposited to him until the depositor pays full payment of what is due to him
by reason of his business of deposit.
6. State and explain the kinds of mortgages.
Voluntary mortgage the kind that is created through the simple agreement
between the parties or it is constituted through the will of the owner of the
property on which a mortgage is to be created.
Legal mortgage like legal pledges, it is one that is required and provided
directly by the law that a mortgage is to be executed to certain persons.
Equitable mortgage Although is lacks formalities or any requisites that is
required by law or stipulated by parties, an equitable mortgage implies or reveals
the intention of the parties to place and burden a real property as security for a
debt provided that it contains nothing that is unfair and impossible for both parties
or any situation that is contrary to law.
7. Distinguish exhaustively Real Mortgage from Chattel Mortgage.
A Real mortgage is a contract whereby the debtor secures to the creditor the
fulfillment of the principal obligation, specially subjecting to such security
immovable property or real rights over immovable property in case the principal
obligation is not fulfilled at the time stipulated. While a Chattel mortgage is a
contract by which personal property is recorded in the Chattel Mortgage Register
as a security for the performance of an obligation.
In terms of subject matter, Real mortgage involves real or immovable properties
while in Chattel mortgage, personal or movable properties must always be its
subject matter.
In the requirement of registration, in Real mortgage registration is merely for the
purpose of binding third persons, while in Chattel mortgage it is essential for the
validity of the contract.
8. Explain concisely but substantially the characteristics of Real Mortgage.
While the right of the mortgagor in case of judicial foreclosure to redeem the
mortgaged property after his default in the performance of the conditions of the
mortgage but before the confirmation of the sale of the mortgaged property is
called and Equity redemption.
c. Right of Redemption.
While the right of redemption is the right of the mortgagor in case of extrajudicial
foreclosure to redeem the mortgaged property within a certain period from and
after it was sold for the satisfaction of the mortgage debt.