Right of Pledge
Tags: akte, authentic deed, authentieke akte, collateral, deed, fist pledge, hypotheekrecht, mortgage law, movable property, notarial deed, notariële akte, onderhandse akte, onderpand, pand, pandhouder, pandrecht, pledge, pledge rights, pledgee, private deed, roerende zaak, security, security rights, silent pledge, stil pandrecht, vuistpand, zekerheid, zekerheidsrecht.
A pledge is a security right. The pledge is comparable to the more well-known mortgage law. However, a mortgage right must be established on immovable property, while a right of pledge cannot be established on immovable property.
Right of Pledge
A pledge can be established on movable property or receivables. The purpose of establishing a pledge is to have certainty that a claim will be paid. If the claim is not paid, the pledgee can sell the property on which the pledge rests (the collateral) and pay his or her claim from the proceeds thereof. A pledge can only be established if the owner of the business has given permission for this.
Fist and Silent Pledge
Two types of the pledge can be distinguished: the fist and the silent pledge.
In the case of a fist, the pledgee gains control over the collateral. During the period that the party is a pledgee, he or she holds the collateral.
However, this does not happen with a silent pledge: the collateral remains in the owner’s possession. A silent pledge must be registered in an authentic (notarial) deed or private deed. If it is registered in a private deed, the pledge must also be registered with the tax authorities.
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