Practice question
Which is an essential requisite under Article 2085 for a real estate mortgage?
- It must have no principal obligation.
- The creditor must occupy the land immediately.
- The mortgage must secure fulfillment of a principal obligation.
- The mortgagee must automatically become owner on default.
- The mortgagor must always be the principal borrower.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2085,2087–2092 and2124–2130.
- https://lawphil.net/judjuris/juri2024/aug2024/gr_217368_2024.html — Ruby Shelter Builders v Tan, GR 217368, August 5 2024, main opinion: pactum commissorium distinguished from consensual later disposition.
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