which

the debtor delivers to the creditor

or third person a movable or
document evidencing incorporeal
rights for the purpose of securing
the fulfillment of a principal
obligation with the understanding
that when the obligation is fulfilled,
the thing delivered shall be
returned with all its fruits
accession.
Antichresis is a contract whereby
the creditor acquires the right to
receive the fruits of an immovable
of the debtor with the obligation to
apply the payment of the interest, if
owing, and thereafter to the
principal of the credit.
 DISTINCTION
ANTICHRESIS PLEDGE
As to Subject Matter
Refers to real property Refers to personal
property
As to perfection
Perfected by mere Perfected by delivery
consent (Consensual) of the thing pledged
(Real contract)
As to Control of Subject Matter
Debtor losses control of the subject matter of
the contract
Real Mortgage is a contract
whereby the debtor secures to the
creditor the fulfillment of a
principal obligation specially
subjecting to such security
immovable property of real rights
over immovable property in case
the principal obligation is not
complied with the time stipulated.
 DISTINCTION
ANTICHRESIS RM
As to the delivery or non-delivery of products
Real Property is Debtor usually retains
delivered to the possession of the
creditor property
As to the rights of the fruits.
Creditor acquires Creditor does not have
only the right to any right to receive the
receive the fruits of fruits but the RM
the property, hence creates a real right
it does not produce a over the property
real right
 DISTINCTION
ANTICHRESIS REM
As to the Obligation to Pay Taxes
The creditor unless there is The creditor
stipulation to the contrary is has no such
obliged to pay taxes and charges obligations
upon the state
As to the Obligations to Apply the Fruits to the
Interest
It is expressly stipulated that the There is no
creditor given possession of the such
property shall apply all the fruits obligation on
thereof to the payment of the part of
interest, if owing, and thereafter mortgagee.
to the principal.
As to Subject Matter
End.