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Classification collateral

classifications collateral

a) According to their source:
Security can be conventional (and pledge collateral and antichresis furniture and real estate mortgage), legal (MLM) or judicial (mortgage and pledge furniture conservatory).


b) Depending on their plate:
· First Security may be general or special. It is generally when it relates to all the debtor's property (lien fully general) or the whole property of the debtor (some legal mortgages) and finally on all the movable property of the debtor (liens general). It is special when a door or specific assets of the debtor (pledge, hypothecation, antichresis, conventional mortgage).

Then it can be movable or immovable property. The distinction is very important in view of the organization of land registration allowing them to be effective against third parties. The Land Registry has been developed only for real estate collateral: privileges are fully movable general, special personal property; liens and pledges are movable, is the antihrèse estate and real estate mortgage in principle.

c) According to their scheme: under the technical assignment of collateral.

Some security based on the dispossession of the debtor (the lien, certain guarantees and pledges, the pledge), while others do not require the dispossession of the debtor (now some pledges, liens, mortgages and privileges), while still others, more accurately referred to as collateral, the debtor acknowledge the deprivation of property, even property that serves as collateral to the creditor (leasing operations, retention of ownership, assignment as security, trust).