Rights of the Pawnor and Pawnee

1. Rights of the Pawnor:

  • Right to Redemption: By paying back the debt or meeting other requirements mentioned in the pledge agreement, the pawnor has the option to redeem the pledged goods. The pawnor can regain ownership of the pledged property according to this fundamental right.
  • Right to Notification: In the event of default or any other violation of the pledge agreement, the pawnee is usually required to notify the pawnor. Before the pawnee asserts their claim over the collateral, the pawnor is given the chance to remedy the default through this notification.
  • Right to Inspection: The right of the pawnor to examine the pledged goods and make sure the pawnee is taking proper care of them may vary depending on the terms of the agreement.

2. Rights of the Pawnee:

  • Right of Retention: Until the pawnor complies with their end of the bargain, the pawnee is entitled to keep ownership of the pledged items. The pawnee is permitted to retain the collateral as security for the debt due to this right.
  • Right to Sell or Dispose: The pawnee may be able to sell or otherwise dispose of the pledged goods in order to recoup the unpaid obligation in the case if the pawnor defaults. The pledge agreement typically contains the terms and conditions of the sale.
  • Right to Interest and Costs: As indicated in the agreement, the pawnee may be entitled to request interest on the outstanding obligation. The pawnee may also be entitled to a refund for reasonable fees and expenses spent in carrying out the pledge’s execution.

Contract of Pledge : Meaning, Features, Duties and Rights

A Contract of Pledge is a formal agreement whereby one party, referred to as the Pawnor, promises particular items or property to another, referred to as the Pawnee, as security for a debt or obligation. The Pawnor transfers ownership of the pledged item to the Pawnee under the agreement, with the understanding that the Pawnor keeps ownership and the Pawnee has a security interest.

Geeky Takeaways:

  • Contract of Pledge is said to be a subset of a Contract of Bailment.
  • The goods bailed here are kept as security for a debt or a performance of a promise.
  • The bailor here is called Pawnor, and the bailee here is called Pawnee.

Table of Content

  • What is a Contract of Pledge?
  • Essential features of a Contract of Pledge
  • Duties of the Pawnor and Pawnee
  • Rights of the Pawnor and Pawnee
  • Conclusion
  • Contract of Pledge – FAQs

Similar Reads

What is a Contract of Pledge?

A Contract of Pledge is a legal document that specifies the terms and circumstances under which a borrower pledges property to a lender as security for a loan or other financial obligation. It is also known as a Pledge Agreement or Security Agreement. The pledge serves as a means of repayment for the lender if the borrower fails on the loan. Both parties must have a complete understanding of the contents of the agreement before signing a commitment and seeking legal advice....

Essential Features of a Contract of Pledge

Valid Contract: Like any other contract, a contract of pledge needs to fulfil certain requirements in order to be considered legitimate. These comprise similar elements as that of a Contract of Bailment, such as an offer, an acceptance, the desire to establish legal relations, consideration, the parties’ legal capacity and the purpose’s validity. Delivery of Possession: The transfer of title of the pledged asset from the pawnor to the pawnee is a crucial component of a pledge. This transfer of ownership denotes the security interest and frequently sets a promise apart from other security agreements. Ownership cannot be Transferred: A pledge does not include the transfer of ownership, as compared to a sale. The pledgor continues to be the owner. As security for the loan, the pledgee is the owner of a security interest in the property. Security against Debt: A pledge’s main objective is to offer security for a debt or commitment. In the event that the pledgor defaults, the pledgee may take and sell the pledged asset as collateral. This provision guarantees the availability of a valued asset to cover the debt. Return of Goods on Repayment: One of the main principles of a pledge is that the pledged commodities or property should be returned to the pledgor upon fulfilment of their duties, such as repaying the debt or meeting other established standards. The assumption that the pledge is a security agreement rather than a transfer of ownership is strengthened by this case....

Duties of the Pawnor and Pawnee

1. Duties of the Pawnor:...

Rights of the Pawnor and Pawnee

1. Rights of the Pawnor:...

Conclusion

Delivery of possession, the inability to transfer ownership, security against debt or obligation and the promise to restore the pledged assets upon fulfilment of the agreed-upon terms are the fundamental components of a contract of pledge. Pledge agreements that are well-written and transparent serve to protect the goals of both the pawnor and the pawnee by guaranteeing justice, openness and obeying the law....

Contract of Pledge – FAQs

What legal safeguards are there in a Contract of Pledge for each party?...

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