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Article 334. The concept of bail

📅 Updated: 30.09.2026

1. By reason of the pledge, the secured creditor is entitled to obtain satisfaction in the event of default or improper performance by the debtor of the obligation. the value of the encumbered property (bail items) predominantly over other creditors of the person who owns the mortgage (lender). 2. The pledge holder is primarily above the other credi. In addition, the grantor may obtain satisfaction of the secured security claim on the basis of: insurance compensation for loss of or damage to the encumbrances, irrespective of whose field It is insured, unless the loss or damage occurred for the reasons for which the pledge holder is responsible; compensation due to the pledgeor in exchange for the encumbrance in particular if the right of ownership of the mortgage over the property that is the subject of the pledge is terminated on grounds and in accordance with the procedure established by law, by means of an exemption (purchase) for State or municipal needs, requisitions or nationalization, as well as in other cases provided for by law; due to the pledgeor or pledge holder of the proceeds of the use of the mortgage :: Property due to the grantor in the performance of a third party ' s obligation, the right to claim performance of which is the subject of a pledge. (xwazats second to fifth paragraph, bailee has the right to claim the sum of money or other property directly from the person liable, unless otherwise provided by law) 3. Unless otherwise provided for by law or by contract, in the event that the amount of the proceeds of the attachment is insufficient to cover the claim for bail The claimant is entitled to settle its claim in the outstanding part at the expense of the debtor ' s other property without taking advantage of the security advantage. The bond holder ' s claim is exceeded, the difference is returned to the pledgeor. 4. The general provisions on bail apply to certain types of bail (arts. 357 — 358.17), unless otherwise provided in the rules of this Code on these types of bail. 5. The rules of this Code on Property Rights shall apply to the part not regulated by the said regulations and the Mortgage Act, and the general provisions on bail shall apply to the part not regulated by the said regulations and the Mortgage Act. from the substance of the bond relationship, the creditor or other authorized person in whose interest a prohibition on the disposal of property has been imposed (art. 174.1), has rights and obligations of the pledge holder. In respect of these property, the priority of the above-mentioned claim is to be met from the time the judgement of the court came into effect to which the claims of such creditor or other entitled person were satisfied. Owing to article 342.1 of the present Code, the date on which the prohibition is deemed to have arisen is determined in accordance with the provisions of article 342.1 of the present Code.