Pledge as bailment secures obligations by transfer of possession and special property, enabling detention until repayment. A pledge is a bailment of personal or movable property delivered to a creditor as security for an obligation; possession passes to the pledgee who acquires a special property enabling detention until repayment. If the transaction's purpose is security only, courts treat it as a pledge despite its form. The pawnee has possessory and limited equitable rights but not absolute ownership and hence no proprietary power of foreclosure beyond the rights expressly granted.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Pledge as bailment secures obligations by transfer of possession and special property, enabling detention until repayment.
A pledge is a bailment of personal or movable property delivered to a creditor as security for an obligation; possession passes to the pledgee who acquires a special property enabling detention until repayment. If the transaction's purpose is security only, courts treat it as a pledge despite its form. The pawnee has possessory and limited equitable rights but not absolute ownership and hence no proprietary power of foreclosure beyond the rights expressly granted.
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