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Bailment and Pledge
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Bailment
A legal relationship in which physical possession of personal property is transferred from one person (the bailor) to another (the bailee) who subsequently has possession of the property under a specific term.
Bailor
The party in a bailment who temporarily transfers possession of the personal property to another, without transferring ownership.
Bailee
The party who accepts possession of the property in a bailment, and is responsible for the safekeeping and return of the property.
Pledge
A type of bailment where the personal property is left with the pledgee as security for a loan or an obligation.
Pledgee
The party to whom the property is pledged and who has possession of it with the responsibility to care for it and the right to sell it if the obligation is not fulfilled.
Pledger
Also known as the pawnor, the person who offers their personal property as collateral to secure a loan or fulfill an obligation.
Mutuum
A loan of consumable goods where the borrower has an obligation to return goods of the same kind, quantity, and quality, not necessarily the same goods.
Constructive Bailment
This type of bailment is created by law when an individual inadvertently comes into possession of someone else's property and has a duty to preserve that property.
Satisfaction Piece
A document that a creditor files to show that the debtor has fully paid the debt secured by a pledge, resulting in the property being released back to the pledgor.
Right of Redemption
The legal right that allows the pledgor to reclaim the pledged property upon fulfillment of the terms of the agreement, typically the repayment of the debt.
Default
The failure to meet the legal obligations or conditions of a loan or security agreement, which may result in the pledgee selling the pledged property to satisfy the debt.
Warehouse Receipt
A receipt issued by a warehouse listing goods received for storage as a bailee under a bailment agreement.
Extraordinary Bailment
A bailment relationship in which the agreement imposes an unusually high duty of care on the bailee due to the circumstances or nature of the property.
Involuntary Bailment
Occurs when someone holds the personal property of another without intent, deriving from loss or misplacement, and is thus charged with responsibilities of a bailee.
Hypothecation
Providing property as security for a debt where possession remains with the borrower, unlike in pledge where possession transfers to the lender.
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