Collateral

  • Pledging tangible movable property: legal regime, constitution and enforcement

    By Yasmine EDDAM
    2 July 2025
    The financing of companies and the securing of commercial receivables are based on a range of legal tools, the effectiveness of which is a key factor in the confidence of economic players. Among these instruments, the pledge of tangible movable property is a fundamental security, enabling a creditor to protect himself against the risk of non-payment by obtaining a direct right over the debtor's property. Its flexibility and relative simplicity make it a popular mechanism, but its implementation requires a precise knowledge of the rules governing its creation and enforcement. This article provides a detailed analysis of the rules governing this type of security, an essential aspect of our comprehensive guide to the law on movable securities. Legal nature and purpose of pledges of tangible movable property A pledge is an agreement that gives a creditor a right over a debtor's movable property to secure payment of a debt. Its nature and scope have been...
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