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Art. 2099.

The creditor shall take care of the the contrary, the pledge shall extend to the
thing pledged with the diligence of a good interest and earnings of the right pledged.
father of a family; he has a right to the
reimbursement of the expenses made for its In case of a pledge of animals, their offspring
preservation, and is liable for its loss or shall pertain to the pledgor or owner of
deterioration, in conformity with the animals pledged, but shall be subject to the
provisions of this Code. pledge, if there is no stipulation to the
contrary.
Obligations of creditor under the provision
To take care of the thing pledged Extent of pledge
with a DILIGENCE OF A GOOD The thing pledged
FATHER OF A FAMILY The fruits, income, dividends, or
To be liable for the loss or interests earned or produced by the
deterioration of the thing, except if thing pledged unless there is a
such loss or deterioration is due to stipulation excluding them
fortuitous event The offspring, when the thing
Right of the creditor under the provision pledged is an animal, unless there is
Right of reimbursement of the expenses a stipulation excluding them
he has incurred for the preservation of
the thing pledged Art. 2103. Unless the thing pledged is
expropriated, the debtor continues to be the
Art. 2100. The pledgee cannot deposit the owner thereof.
thing pledged with a third person, unless there Nevertheless, the creditor may bring the
is a stipulation authorizing him to do so. actions which pertain to the owner of the thing
The pledgee is responsible for the acts of his pledged in order to recover it from, or defend
agents or employees with respect to the thing it against a third person
pledged.
Art. 2104. The creditor cannot use the thing
Obligations of pledgee under the provision pledged, without the authority of the owner,
Not to deposit the thing pledged and if he should do so, or should misuse the
with a third person, unless there is thing in any other way, the owner may ask
a stipulation authorizing him to do that it be judicially or extrajudicially deposited.
so When the preservation of the thing pledged
To be responsible for the acts of his requires its use, it must be used by the creditor
agents or employees with respect but only for that purpose.
to the thing pledged
Cases where the pledgee may use the thing
Art. 2101. The pledgor has the same pledged:
responsibility as a bailor in commodatum in When the use of the thing is
the case under Article 1951. authorized by the owner
When the use of the thing is
Art. 2102. If the pledge earns or produces required for its preservation
fruits, income, dividends, or interests, the
creditor shall compensate what he receives Cases where the owner may ask that the thing
with those which are owing him; but if none pledged be deposited judicially or
are owing him, or insofar as the amount may extrajudicially:
exceed that which is due, he shall apply it to if the creditor uses the thing
the principal. Unless there is a stipulation to without authority
if he misuses the thing in any other Pledgee- right to cause the same to
way; or be sold at a public sale
if the thing is in danger of being lost
or impaired because of the Requisites for application of the provision:
negligence or willful act of the The pledgor has reasonable
pledgee grounds to fear the destruction or
impairment of the thing pledged
There is no fault on the part of the
Art. 2105. The debtor cannot ask for the return pledgee
of the thing pledged against the will of the The pledgor is offering in place of
creditor, unless and until he has paid the debt the thing, another thing in pledge
and its interest, with expenses in a proper which is of the same kind and
case. quality as the former
The pledge does not choose to
Obligations of the debtor under the provision exercise his right to cause the thing
not to ask for the return of the pledged to be sold at public auction
thing pledged against the will of the
creditor until he has paid the debt
and its interest
to pay the debt secured and its
interest, with expenses in proper
case

Art. 2106. If through the negligence or willful


act of the pledgee, the thing pledged is in
danger of being lost or impaired, the pledgor
may require that it be deposited with a third
person.

Art. 2107. If there are reasonable grounds to


fear the destruction or impairment of the thing
pledged, without the fault of the pledgee, the
pledgor may demand the return of the thing,
upon offering another thing in pledge,
provided the latter is of the same kind as the
former and not of inferior quality, and without
prejudice to the right of the pledgee under the
provisions of the following article.

The pledgee is bound to advise the pledgor,


without delay, of any danger to the thing
pledged.

Remedies for right of pledger to substitute thing


pledged:
Pledgor- right to demand the return
of the thing pledged upon offering
another thing in pledge

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