This document discusses three types of transactions: conventional redemption, legal redemption, and equitable mortgage. Conventional redemption refers to when a seller reserves the right to repurchase a sold item by repaying the purchase price plus expenses. Legal redemption allows someone to take the place of the buyer under similar contract terms. An equitable mortgage is one where the goal is to use property as security for a debt, even if it lacks some legal requirements, as long as establishing the debt is not contrary to law.
This document discusses three types of transactions: conventional redemption, legal redemption, and equitable mortgage. Conventional redemption refers to when a seller reserves the right to repurchase a sold item by repaying the purchase price plus expenses. Legal redemption allows someone to take the place of the buyer under similar contract terms. An equitable mortgage is one where the goal is to use property as security for a debt, even if it lacks some legal requirements, as long as establishing the debt is not contrary to law.
This document discusses three types of transactions: conventional redemption, legal redemption, and equitable mortgage. Conventional redemption refers to when a seller reserves the right to repurchase a sold item by repaying the purchase price plus expenses. Legal redemption allows someone to take the place of the buyer under similar contract terms. An equitable mortgage is one where the goal is to use property as security for a debt, even if it lacks some legal requirements, as long as establishing the debt is not contrary to law.
In this task, you are required to compare and contrast the nature of conventional
redemption, legal redemption and equitable mortgage in an essay format. (300 words)
In conventional redemption seller reserved the right to repurchased the
thing sold with obligation and return price of the sale, expenses of contract and other real installments and the important and helpful cost made on the thing sold. Conventional redemption will happen when the vendor reserves the right to repurchase the thing sold, with the obligation to comply with the provisions of Article 1616 and other stipulations which may have been agreed upon. Legal redemption is the right to be subrogated upon similar terms and conditions stipulated in the contract, in the place of one who obtains the thing by purchase or by dation in payment or by other exchange whereby ownership is transmitted by onerous title. The act of taking back by the seller from the buyer a thing which had been sold subject to the right of repurchase. An equitable mortgage has been defined as one which although lacking in some convention, or form or words, or other requisites requested by a statute, by the uncovers the goal of the parties to charge real property as security for a debt, there being no difficulty nor anything contrary to law in this purpose. The equitable nature of a mortgage might be expected either to the way that the sold property is evenhanded, or to the way that the mortgagor has not executed an instrument which is adequate to move the legal estate. In the first case the mortgage, be it never so formal, can't be a legal mortgage, in the second case it is the informality of the mortgage which keeps it from being a legal mortgage. These options will be examined independently. An equitable mortgage may likewise be made by a deposit of title deeds . No redemption due to erroneous belief that it is equitable mortgage which can be extinguished by paying the loan.