Regarding I - Chattel mortgage is a consensual contract and the creditor gets possession of the thing mortgaged. II - Pledge is a consensual contract and gives a personal right. III - Real estate mortgage is a real contract and creates a real right if registered with the Registry of Property. IV - Antichresis is an accessory and gives a real right. Which of the following is true?

Study for the Supernova Regulatory Framework for Business Transactions Test. Use flashcards and multiple choice questions. Each question has hints and explanations. Get prepared for your exam!

Multiple Choice

Regarding I - Chattel mortgage is a consensual contract and the creditor gets possession of the thing mortgaged. II - Pledge is a consensual contract and gives a personal right. III - Real estate mortgage is a real contract and creates a real right if registered with the Registry of Property. IV - Antichresis is an accessory and gives a real right. Which of the following is true?

Explanation:
The question tests how security interests over property differ in terms of possession, contract type, and when real rights arise. Chattel mortgage on movable property creates a real right over the movable, but the mortgagor typically retains possession and the creditor does not automatically take possession just because the loan is secured. So claiming that the creditor gets possession makes that statement false. Pledge involves handing over possession to the creditor to secure the loan and it creates a real right in the pledged thing. Describing pledge as a purely consensual contract that gives a personal right misstates its nature, hence the statement is false. A real estate mortgage is a real contract that attaches to the immovable property and creates a real right from perfection. Registration clarifies priority and governs enforceability against third parties, but the real right does exist independently of registration. Saying the real right only arises if it is registered is therefore not correct, making that statement false. Antichresis is a form of security related to a mortgage that gives the creditor the right to collect rents from the property. It is not simply an “accessory” to the loan; it is a real right tied to the property. The claim that it is merely an accessory is not accurate, so this statement is false as a whole. All four statements are inaccurate, so the correct overall assessment is that none of them are true.

The question tests how security interests over property differ in terms of possession, contract type, and when real rights arise.

Chattel mortgage on movable property creates a real right over the movable, but the mortgagor typically retains possession and the creditor does not automatically take possession just because the loan is secured. So claiming that the creditor gets possession makes that statement false.

Pledge involves handing over possession to the creditor to secure the loan and it creates a real right in the pledged thing. Describing pledge as a purely consensual contract that gives a personal right misstates its nature, hence the statement is false.

A real estate mortgage is a real contract that attaches to the immovable property and creates a real right from perfection. Registration clarifies priority and governs enforceability against third parties, but the real right does exist independently of registration. Saying the real right only arises if it is registered is therefore not correct, making that statement false.

Antichresis is a form of security related to a mortgage that gives the creditor the right to collect rents from the property. It is not simply an “accessory” to the loan; it is a real right tied to the property. The claim that it is merely an accessory is not accurate, so this statement is false as a whole.

All four statements are inaccurate, so the correct overall assessment is that none of them are true.

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