Despite its analogy with usufruct, the right of use on
real estate and the right of habitation. The art. 2418 maintains a significant silence and, in addition,
These are non-transferable, non-transferable, unattachable rights (arts. 819 and 2466).
The mortgage constituted on a usufruct right falls on the right itself and does not
on the fruits that the thing produces. The usufruct of the fruits is differentiated, as a capital
of the interests it produces.
The mortgagee cannot demand the fruits, as they are produced, with
preference to other creditors. The usufructuary retains the right to receive the fruits;
received and incorporated into its patrimony constitute the general pledge of its creditors.
The art. 2423 establishes that the mortgage of a usufruct “does not extend to the fruits
perceived ”. The creditor only has the right, in the absence of payment of his credit, to sell the
usufruct itself.
The usufruct mortgage is precarious; is extinguished with the death of the usufructuary and, in
generally, for the causes that put an end to the right of usufruct.
Ship mortgage
Ships can be encumbered with a mortgage.
It should be noted that only larger ships are likely to be mortgaged, that is, those of more than
50 tons of thick register (art. 4
º
of DL N
º
2.222 Navigation Law). Minor ships only
they can become a pledge.
The art. 866 of the Commercial Code provides that larger naval vessels and artifacts may
be encumbered with a mortgage, provided that they are duly registered in the respective
Registration Registries of the Republic.
In accordance with art. 868 of the same Code, the naval mortgage must be granted by
Public deed. The mortgage deed and the contract to which you agree may be the same.
The order of registration in the Register of Mortgages, Liens and Prohibitions
it will determine the degree of preference of the mortgages.
Mining concession mortgage
Arts. 217 to 222 of the Mining Code
A mortgage can be established on the mining concession. In accordance with art. 218 of
Mining Code, a mortgage cannot be established on a mining concession whose title does not
is enrolled.
In accordance with art. 2423 of the Civil Code, the mortgage on mines and quarries is not
it extends to the fruits received, nor to the mineral substances once separated from the soil.
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