Difference of Lien and Mortgage

Both this materialism rights, giving power to an object is not to weared, but to be made guarantee for someone debt. Correct according to section 1131 B.W., all objects or properties of someone become guarantee for all his debts, but disgruntled people setting with guarantee in general this. Then he asks so that a made by selected object of responsibility. If people owing do not coincide obligation of him, people which isn't it earn categorically and easy to execute the rights of to debtor, got domicile superordinate than addict of other debt.

An other way to give guarantee for a debt, is which named " depositum pignus," where responsibility goods do not become property of people which isn't it during the debt of not yet been paid, but that goods was delivered to him to become just hold.

Also other way permit, that responsibility goods remain to stay in people hand owing. Hereinafter there is a way of other which named " hypotheca," where responsibility goods do not be removed into people hand which isn't it, but this people always can ask him, though that goods have resided in on-hand others, if people owing do not coincide obligation of him. Whether motion less and peripatetic goods can be given in " hypotheca".

An objection which felt in Romen's law, that other people cannot know about the existence of above mentioned materialism rights, so that often happened people obtain;get other rights or property to the a[n object but later;then in the reality there is a[n older materialism rights, so that unprofitable that man hence.

In law of Germania which it is true have recognized a differentiation of fundamental between peripatetic objects and immobile objects, differentiation there have among giving of responsibility in the form of immobile goods, which named " Satzung" and must be done ahead of judge to give announcement. Gift of responsibility in the form of peripatetic goods, which must accompany by evacuation of bezit of goods, as does by " pignus depositum" in Romen's law.

Lien

According to B.W. Lien is materialism rights to the a peripatetic object of property of others, what was solely promised delivered bezit of object, as a mean to take redemption a debt of earnings of sale of that object, in advance from other addicts ( section 1150 B.W.). In character as materialism rights ( can be defended to every body) look from power of people holding responsibility goods ( pandnemer) to ask the returning of goods which isn't it if that goods lose ( section 1152 sentence 4) and even more true from the power of to sell that goods there is no need toly ask intercession of judge, henceforth take redemption of earnings of that sale exempted other people.

Dimiciling a pandnemer which do not depended from that other people, see also if people owing to fall bankrupt. In this pailisemen of pandnemer can execute the rights of separate, get out of other addicts.

Pandrecht or lien is which named a[n rights of accessoir mean that rights depended from existence of an agreement of fundamental, that is agreement of guaranteed saving and loan with rights. Which can made by object of pandrecht, is all peripatetic object which is not the him of people which isn't it by self. On the contrary is not need that object of property of people have to owing, though as a rule the owing people also giving responsibility, but that do not be obliged.

By code only determined, that people giving responsibility that pandgever have to " bekwaam," mean speaking to take the bit in teeth according to law. Of him later;then in the reality he do not entitled to give that goods as responsibility, that thing may not be justified at people accepting responsibility ( pandnemer) just For example a Iodger or which borrow goods, do not entitled to sell or mortgage that goods. But suppose he gives that goods as responsibility, according to lien code/law or of pandrecht the promising of validity also, because pandnemer according to code/law is entitled to assume that man as owner ( section 1152 article 4). This rule, similar to what included in section 1977 B.W. concerning acquirement of property of peripatetic object. Is well warned, that here even also sincerity feelingthere must be.

According to code/law, that pandrecht is assumed then born with delivery of power ( bezit) of goods taken as that responsibility at pandnemer. Delivery of this power, by code/law considered to be condition sine qua non to born him a pandrecht. Require to is presumably explained that code/law permit responsibility goods is put by under power a third party on approval by both parties which is have importance.

Thus frankly desired by that code/law, is pulled by that goods him from power of people giving responsibility. Thereby, ad for that " possessorium constitutum" have never happened, but allowed, for example giving responsibility by way of mortgaging letter of cognosement or of ceel. Concerning which named " order aan papieren," for example money order letter, order letter or of cognosement, require to. Besides that letters, isn't it, is also conducted " endossement.

Rights and Obligations Lien ( pandnemer)

Rights a pandnemer is as following

• He is entitled to arrest;detain underwritten by goods is until when debt paid, both for hitting original amount and flowers
• He is entitled to take this redemption from earnings of goods, if people owing do not coincide obligation of him. Sale of that goods, can be done/conducted his own, but earning also he asks medium of judge. By judge specified by that goods become property of people that isn't it as redeem entirely or just for just part
• He is entitled to ask to change costses which he have released to save that responsibility goods
• He is entitled to mortgage again that responsibility goods, if that rights have become habit, as does with mortgaging of letter of sero obligation or ( herprolongatie).

Linking which in character accessoir, bold of pandrecht lah vanish vanished accounted on debt him. Pandrecht also vanish because voluntaryly, or if responsibility goods lose or vanish ( annihilately). Hereinafter lien vanish, if a owner of pawn - cause a cause- becoming the owner of from goods which the was holding of as that responsibility.Different from that, if a pandrecht take care of that responsibility goods is bad, till can be worryed of by that goods destroy, people giving responsibility is entitled to ask again his goods. Difference of very clear so that we don't wrong to determine [whether/ what] this mortgage or lien.