Promises differ from sale. In the case of a sale, the property and property are transferred to the buyer on a permanent basis. As a pledge, only possession is handed over to another party. The first part retains ownership of the building concerned, while the second part takes possession of the property until the terms of the contract are fulfilled. The second part must also have a right of pawn – or legal right – on the property in question. If the conditions are not met, the second party can sell the property to pay off the debts. Excess profits from the sale must be paid to the debtor or the first party. But if the sale does not meet the amount of the debt, legal action may be necessary. In the ancient medieval law, especially in Germanic law, there were two kinds of pledges, be possessed (see Altenglisch wed, Altfranie ernss, althochdeutsch wetti, Latin pignus depositum), i.e. supplied from the beginning, or not possessed (cf.
OE b`d, OFr nam, nant, OHG pfant, L pignus oppositum), i.e. distracted at the due date, and essentially led to the principle of law. This distinction persists in some systems, for example. B in French pledge vs. collateral and Dutch vuistpand vs. stil pand. Reciprocal symbolic (symbolic) commitments have generally been included in official ceremonies to consolidate agreements and other transactions. A deposit contract determines what is owed, the property that must be used as a guarantee and the conditions for the performance of the debt or obligation. In a simple example, John asks to borrow $500 from Mary. Mary first decides that John must promise his stereo safely, that he will pay off the debt at some point. In the law, we call John the Pledgor, and Mary the Inseparable.
The stereo is called mortgaged property. As in any joint deposit agreement, the holding of mortgaged property is transferred to the pawnbroker. At the same time, however, the ownership (or title) of the mortgaged property remains a pawn. John gives Mary the stereo, but he still owns it legally. If John stirs up the debts as part of the contractual agreement, Mary must return the stereo. But if he doesn`t pay, she can sell it to pay off his debts. On the other hand, for the pawnbroker, there is more than the obligation to take care of the ownership of the pledge.