Main issues about the deposit in guarantee (law 474 Fuero Nuevo)

Abstract

This paper summarises the main issues about law 474 of the Fuero Nuevo, which under the name «deposit in guarantee», regulates the delivery of money or fungible goods, to the creditor or to a third party, as a guarantee. Besides establishing which are the elements that define it, and distinguish it from very similar figures such as the pledge on credits, it is fundamental  to differentiate between the deposit in a creditor’s hands and the deposit in a third party’s hands, because their nature is dijferent. This has important consequences, primarily in defence of the guaranteed creditor as opposed to other debtor’s creditors, and in the case of bankruptcy of the depository in guarantee.