Judgement : Supreme Court No. 20699 of October 2, 2007
The pledge of securities made in favor of bank be declared invalid unless it is not specified the amount of credit guaranteed and has generally made reference to any other credit arising in favor of the bank.
Article. 2787, third paragraph, DC, credit secured by the pledge must be sufficiently indicated , but for this purpose is not necessary that it be specified in writing constituting the pledge, in its objective elements such as the identifiers of the secured claim may be present within the text or external to it, as long 'indices of the document contains useful links to the identification of credit and everything.
Article. 2787, third paragraph, DC, credit secured by the pledge must be sufficiently indicated , but for this purpose is not necessary that it be specified in writing constituting the pledge, in its objective elements such as the identifiers of the secured claim may be present within the text or external to it, as long 'indices of the document contains useful links to the identification of credit and everything.
should, therefore, that the indication of credit by the writing is not generic, but in the interests of other creditors who are entitled to the pledge they will not be preferred if not when there is a clear and precise statement of the secured claim, not being allowed in our system the creation of a lien securing a debt not determined . But there is no generic claim when the elements contained in the writing, though incomplete, are in other elements external to the writing itself, a sufficient correspondence, such as to detract from the character of the uncertainty and the risk of injury to the competing creditors.
In the case addressed by the ruling under review, the writing constituting the pledge went as the amount of loans guaranteed and his kind (overdraft).
Staff: Studiolegalebacile
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