Meaning of Pledge (What it is, Concept and Definition)

pledge it is a legal concept which means a real guarantee of an obligation, consisting of a guarantee in case of debt. It can also be a synonym for Warranty or safety.

The pledge can be of objects (movable things), or of rights. The pledge only takes effect when the pledged object is delivered to the creditor. Despite this, in some cases, the object itself remains in the person's possession, but a document is issued that indicates its exclusive availability to the creditor.

There are several institutions that make the pledge available, such as Caixa Econômica, for example. When a person needs money, he can go to one of these institutions and get the money he needs. However, for this, you have to leave some object (jewelry, watch, etc.) as a guarantee that you will return the money that was borrowed. When this money is returned, the object returns to its owner. When the debtor does not return the money that was loaned to him, the property becomes the property of the creditor, who is often auctioned off. An advantage of the pledge is that even if a person has their registration marked by default (delay in a payment), they can get the money they need.

Although they are very similar in their writing, there is a significant difference between pledge and pledge. A pledge is a guarantee (whether spontaneous or by legal requisition) that is given by the debtor to the creditor. On the other hand, the attachment consists of a judicial act, where the debtor's assets are seized until the debt is paid off. The attachment is issued by a judge and promoted by a bailiff.

In a figurative sense, the word pledge can mean a testimony or proof. It's a word that often describes a case of metonymy, and pledge (the process of giving a guarantee) often has the same meaning as the pledged asset in question.

Types of pledge

There are different types of pledge, which are present in different contexts:

  • rural pledge: common in the case of agriculture, it can be seen as livestock pledge (animal pledge) or agricultural pledge, whose agricultural land and crops are given as collateral. This is one of the cases where a fixed asset is given as collateral;
  • industrial pledge or mercantile: area of ​​commercial law, it happens when the debt in question comes from a commercial activity. It is verified in the case of the pledge on machines used in the industrial scope or objects related to commerce;
  • legal pledge: is the pledge whose norms are determined by law;
  • pledge: pledge made to guarantee a credit note, which can be traded.

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