Art.
2127 The mortgage extends to the natural The sums spent for the purposes stated in this ar cle
accessions, to the improvements, growing fruits, and the shall be deducted from the fruits. (1882)
rents or income not yet received when the obliga on
Art. 2136 The debtor cannot reacquire the enjoyment of
becomes due, and to the amount of the indemnity
the immovable without first having totally paid what he
granted or owing to the proprietor from the insurers of
owes the creditor.
the property mortgaged, or in virtue of expropria on for
public use, with the declara ons, amplifica ons and But the la er, in order to exempt himself from the
limita ons established by law, whether the estate obliga ons imposed upon him by the preceding ar cle,
remains in the possession of the mortgagor, or it passes may always compel the debtor to enter again upon the
into the hands of a third person. (1877) enjoyment of the property, except when there is a
s pula on to the contrary. (1883)
Art. 2128 The mortgage credit may be alienated or
assigned to a third person, in whole or in part, with the Art. 2137 The creditor does not acquire the ownership of
formali es required by law. (1878) the real estate for non-payment of the debt within the
period agreed upon.
Art. 2129 The creditor may claim from a third person in
possession of the mortgaged property, the payment of Every s pula on to the contrary shall be void. But the
the part of the credit secured by the property which said creditor may pe on the court for the payment of the
third person possesses, in the terms and with the debt or the sale of the real property. In this case, the
formali es which the law establishes. (1879) Rules of Court on the foreclosure of mortgages shall
apply. (1884a)
Art. 2130 A s pula on forbidding the owner from
aliena ng the immovable mortgaged shall be void. (n) Art. 2138 The contrac ng par es may s pulate that the
interest upon the debt be compensated with the fruits of
Art. 2131 The form, extent and consequences of a
the property which is the object of the an chresis,
mortgage, both as to its cons tu on, modifica on and
provided that if the value of the fruits should exceed the
ex nguishment, and as to other ma ers not included in
amount of interest allowed by the laws against usury, the
this Chapter, shall be governed by the provisions of the
excess shall be applied to the principal. (1885a)
Mortgage Law and of the Land Registra on Law. (1880a)
Art. 2139 The last paragraph of ar cle 2085, and ar cles
ANTICHRESIS – CHAPTER 4
2089 to 2091 are applicable to this contract. (1886a)
Art. 2132 By the contract of an chresis the creditor
CHATTEL MORTGAGE – CHAPTER 4
acquires the right to receive the fruits of an immovable
of his debtor, with the obliga on to apply them to the Art. 2140 By a cha el mortgage, personal property is
payment of the interest, if owing, and therea er to the recorded in the Cha el Mortgage Register as a security
principal of his credit. (1881) for the performance of an obliga on. If the movable,
instead of being recorded, is delivered to the creditor or
Art. 2133 The actual market value of the fruits at the me
a third person, the contract is a pledge and not a cha el
of the applica on thereof to the interest and principal
mortgage. (n)
shall be the measure of such applica on. (n)
Art. 2141 The provisions of this Code on pledge, insofar
Art. 2134 The amount of the principal and of the interest
as they are not in conflict with the Cha el Mortgage Law
shall be specified in wri ng; otherwise, the contract of
shall be applicable to cha el mortgages. (n)
an chresis shall be void. (n)
Art. 2135 The creditor, unless there is a s pula on to the
contrary, is obliged to pay the taxes and charges upon the
estate.
He is also bound to bear the expenses necessary for its
preserva on and repair.
TITLE XII: PREFERENCE OF CREDIT (11) Credits for seeds and expenses for cul va on and
harvest advanced to the debtor, upon the fruits
Art. 2241 With reference to specific movable property of
harvested;
the debtor, the following claims or liens shall be
preferred: (12) Credits for rent for one year, upon the personal
property of the lessee exis ng on the immovable leased
(1) Du es, taxes and fees due thereon to the State or any
and on the fruits of the same, but not on money or
subdivision thereof;
instruments of credit;
(2) Claims arising from misappropria on, breach of trust,
(13) Claims in favor of the depositor if the depositary has
or malfeasance by public officials commi ed in the
wrongfully sold the thing deposited, upon the price of the
performance of their du es, on the movables, money or
sale. In the foregoing cases, if the movables to which the
securi es obtained by them;
lien or preference a aches have been wrongfully taken,
(3) Claims for the unpaid price of movables sold, on said the creditor may demand them from any possessor,
movables, so long as they are in the possession of the within thirty days from the unlawful seizure.
debtor, up to the value of the same; and if the movable
Art. 2242 With reference to specific immovable property
has been resold by the debtor and the price is s ll unpaid,
and real rights of the debtor, the following claims,
the lien may be enforced on the price; this right is not lost
mortgages and liens shall be preferred, and shall
by the immobiliza on of the thing by des na on,
cons tute an encumbrance on the immovable or real
provided it has not lost its form, substance and iden ty;
right:
neither is the right lost by the sale of the thing together
with other property for a lump sum, when the price (1) Taxes due upon the land or building;
thereof can be determined propor onally;
(2) For the unpaid price of real property sold, upon the
(4) Credits guaranteed with a pledge so long as the things immovable sold;
pledged are in the hands of the creditor, or those
(3) Claims of laborers, masons, mechanics and
guaranteed by a cha el mortgage, upon the things
other workmen, as well as of architects, engineers
pledged or mortgaged, up to the value thereof;
and contractors, engaged in the construc on,
(5) Credits for the making, repair, safekeeping or reconstruc on or repair of buildings, canals or other
preserva on of personal property, on the movable thus works, upon said buildings, canals or other works;
made, repaired, kept or possessed;
(4) Claims of furnishers of materials used in the
(6) Claims for laborers' wages, on the goods construc on, reconstruc on, or repair of buildings,
manufactured or the work done; canals or other works, upon said buildings, canals
or other works;
(7) For expenses of salvage, upon the goods salvaged;
(5) Mortgage credits recorded in the Registry of
(8) Credits between the landlord and the tenant,
Property, upon the real estate mortgaged;
arising from the contract of tenancy on shares, on
the share of each in the fruits or harvest; (6) Expenses for the preserva on or improvement of real
property when the law authorizes reimbursement, upon
(9) Credits for transporta on, upon the goods carried, for
the immovable preserved or improved;
the price of the contract and incidental expenses, un l
their delivery and for thirty days therea er; (7) Credits annotated in the Registry of Property, in virtue
of a judicial order, by a achments or execu ons, upon
(10) Credits for lodging and supplies usually
the property affected, and only as to later credits;
furnished to travellers by hotelkeepers, on the
movables belonging to the guest as long as such (8) Claims of co-heirs for warranty in the par on of an
movables are in the hotel, but not for money loaned to immovable among them, upon the real property thus
the guests; divided;
(9) Claims of donors or real property for pecuniary (10) Taxes and assessments due any province, other
charges or other condi ons imposed upon the donee, than those referred to in Ar cles 2241, No. 1, and
upon the immovable donated; 2242, No. 1;
(10) Credits of insurers, upon the property insured, for (11) Taxes and assessments due any city or municipality,
the insurance premium fortwo years. other than those indicated in Ar cles 2241, No. 1, and
2242, No. 1;
Art. 2243 The claims or credits enumerated in the two
preceding ar cles shall be considered as mortgages or (12) Damages for death or personal injuries caused by a
pledges of real or personal property, or liens within the quasi-delict;
purview of legal provisions governing insolvency. Taxes
(13) Gi s due to public and private ins tu ons of charity
men oned in No. 1, Ar cle 2241, and No. 1, Ar cle2242,
or beneficence;
shall first be sa sfied.
(14) Credits which, without special privilege, appear in (a)
Art. 2244 With reference to other property, real and
a public instrument; or(b) in a final judgment, if they have
personal, of the debtor, the following claims or credits
been the subject of li ga on. These credits shall have
shall be preferred in the order named:
preference among themselves in the order of priority
(1) Proper funeral expenses for the debtor, or children of the dates of the instruments and of the judgments,
under his or her parental authority who have no property respec vely
of their own, when approved by the court;
Art. 2245 Credits of any other kind or class, or by any
(2) Credits for services rendered the insolvent by other right or tle not comprised in the four preceding
employees, laborers, or household helpers for one year ar cles, shall enjoy no preference.
preceding the commencement of the proceedings in
insolvency;
(3) Expenses during the last illness of the debtor
or of his or her spouse and children under his or her
parental authority, if they have no property of their own;
(4) Compensa on due the laborers or their dependents
under laws providing for indemnity for damages in cases
of labor accident, or illness resul ng from the
nature of the employment;
(5) Credits and advancements made to the debtor for
support of himself or herself, and family, during the last
year preceding the insolvency;
(6) Support during the insolvency proceedings, and for
three months therea er;
(7) Fines and civil indemnifica on arising from a criminal
offense;
(8) Legal expenses, and expenses incurred in the
administra on of the insolvent's estate for the common
interest of the creditors, when properly authorized and
approved by the court;
(9) Taxes and assessments due the na onal
government, other than those men oned in Ar cles
2241, No. 1, and 2242, No. 1;