Usufructuary mortgage is similar to English Mortgage. Whether this statement is correct? Justify your answer.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2017
Usufructuary mortgage is similar to English Mortgage. Whether this statement is correct? Justify your answer.

Answer & Explanation:

Usufructuary Mortgage In this mortgage, the mortgagor delivers possession of the mortgaged property to the mortgagee who retains the possession until the satisfaction of the debt. The mortgagee will take the usufruct in lieu of the interest or part payment of the principal or partly in payment of interest or partly in part payment of the principal. The mortgagor is not personally liable to pay the debt and the mortgagee is not entitled during the term of the mortgage to demand his mortgage money. English Mortgage In an English mortgage, a mortgagor binds himself to repay the mortgaged money on certain date and transfers the mortgaged property absolutely to the mortgagee subject to the proviso that he will re-transfer it to the mortgagor upon payment of the mortgaged money as agreed. Hence, Usufructuary mortgage and English mortgage are not similar.

Topics: Property Law

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