Pledge Certificate: Requirements to request it, Documents, and MORE

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The pledge certificate It can be defined as a contract which constitutes a real right on a real estate that allows guaranteeing the performance of an obligation. Now, although it is true, the pledge certificate is subject to legal provisions established by the Republic of Costa Rica.

Therefore, Costa Rican citizens should know that, in the same way, it is a document that is closely related to financial matters and, in turn, is subject to the acquisition of goods. In this way, it is important to take into account the legal provisions that are responsible for guaranteeing the country’s economy.

Keep reading and find out about treats the pledge certificate!

Steps to obtain the Certificate of Garment in Costa Rica

While it is true, each country is governed by certain legal regulations regarding the acquisition of goods. Therefore, it is necessary for Costa Rican citizens to have knowledge about each of these legal structures. Among them is the pledge certificate.

It is of great interest for the requesting parties to know the process of issuing the pledge certificate. It is important to highlight that it is an official procedure, therefore, it must be carried out under the provisions already established.

In addition, the procedure will be taken into account only if both requesting parties comply with each of the indications established by the managing body. Likewise, they must comply with the legal statutes subject to the document.

The first step to carry out is to consign the requested documentation, which refers to the information of the debtor or the applicant for the certificate who must be the creditor. The information of the requesting parties must be consigned together with the information corresponding to the real estate in question for the pledge certificate.

How to Prepare the Pledge Certificate Document?

Now, the process to fill out the document is quite simple, everything will be much faster if you have at hand all the relevant information about the real estate in question. To begin with, you must reflect the exact description of the goods given in guarantees.

That is, you must have on hand any information about the goods that you will put as collateral. On the other hand, you must also place the information of the debtor and the lender where the pledge certificate. Clearly, it is necessary documentation that will allow the issuance of the pledge certificate successfully.

Now the pledge certificate must contain the following information:

  1. Full name of the debtor.
  2. Debtor’s address.
  3. Full name of the creditor with its corresponding references.
  4. Full amount of debt to be paid.
  5. Basis for payment or conditions.
  6. Place where the payment must be made.
  7. Complete description of the object or real estate.
  8. Place where the goods will be found.
  9. Grade or priority of the garment.

In addition, it is important to mention that the applicant must correctly fill in each of the empty information fields requested for the certificate to be issued successfully.

What is the Certificate of Garment in Costa Rica?

In summary, this procedure plays a significant role in the negotiations of goods in a given country. In this case, we refer to the Republic of Costa Rica. The pledge certificate It is defined as a document that allows the debtor to deliver an asset to the creditor with the purpose of making it a guarantee of some credit granted by said creditor.

In short, it is also known as a document that is issued to prove the lien on a real estate that has not been paid in full. Therefore, its availability is affected by the debtor until the creditor cancels it.

On the other hand, it is important to mention that it is a document that is in the regulations of the law. It can also be granted by the debtor or by a third party (as a guarantee of someone else’s credit).

If you have no idea of ​​the terminology, below we will define some basic terms:

  • Debtor: Also known as a borrower. It is known as a natural or legal individual who owes money to another person. Indeed, the debtor has the obligation to make a specific payment.
  • Creditor: It is known as a natural or legal person who is legitimately authorized to demand payment or fulfillment of a previously contracted obligation.

For any additional information that you decide to consult in detail, you can enter the following link.

What Types of Garment Certificates Are There in Costa Rica?

It is important to mention that there are different types of pledge certificates in the Republic of Costa Rica. In addition, its classification depends on the different aspects in which said document applies.

Similarly, the certificates are divided into:

  • Administrative.
  • Civil.
  • Fiscal.
  • Irregular.
  • Trade.

Each of the classifications mentioned above are dedicated to certain socio-economic aspects within the negotiations to be carried out. Likewise, they maintain legal precepts within Costa Rican jurisdictions. In this way, it is important that you know what each of them is for. However, they will depend on the jurisdiction in which the pledge certificate.

What are the main characteristics of the garment?

  1. First of all, it falls on movable property. That is, it includes tangible things, personal property and real property credit rights. It is a characteristic that allows us to differentiate the pledge certificate from a mortgage contract.
  2. The garment is indivisible. That is, the asset pledged guarantees that the obligation is fulfilled. In this way, the creditor may retain the object pledged until the entire obligation is fulfilled.
  3. It is an accessory contract. For example, the object pledged is considered a guarantee of the main obligation, which originated the pledge contract. Once this obligation is fulfilled, the garment will be returned.

Persons Involved in the Pledge Certificate

One aspect to consider about this document is that it must have the presence of two parties to proceed with the issuance process. These two parties are: the debtor and the creditor, the latter must have provided the provision of some service or economic resource to the debtor.

Therefore, the pledge certificate where both parties involved in said agreement and a mediator, who may be a lawyer, intervene. Said intermediary is the person responsible for attesting to the fulfillment of the legal trades and the agreement between both parties.

All this information must be fully and accurately reflected in the certificate. On the other hand, anyone who owns or enjoys an object encumbered by means of the pledge certificate, You will not be able to sell it, encumber it or compromise it or even change it creditor.

Online Legal Information Center

The Online Legal Information Center, also known by its acronym (CIJUL), was founded under an agreement between the University of Costa Rica and the Costa Rican Bar Association. Its main objective is to be in charge of supplying legal information to the lawyers of the Republic of Costa Rica in a free and reliable way.

In the same way, the information center employs the use of traditional and digital state-of-the-art information and communication systems that provides its services through the internet, by telephone or in person at its facilities.

Important Information about CIJUL

There are certain highlights that may be of interest to people who enter this web portal. Indeed, this web page can be very useful for the requesting parties of the pledge certificate in Costa Rica.

  • The Information Center department does not issue legal criteria.
  • Users are solely responsible for keeping their profile data up to date.
  • Our services are for the exclusive use of lawyers duly incorporated to the Costa Rican Bar Association.

If the Readers are located in the link located in this article, they will realize that it is a file in PDF format that contains all the legal bases on which the pledge certificate. That is the link and the relationship that ICJUL has with the certificate.

Certificate Registration

Surely you wonder … Where is the registration of the garment made? because to conclude with the process of processing the document, it is important to register a registration of the pledge certificate. They are generally carried out by public entities or, failing that, they are bodies belonging to government jurisdictions of a public nature.

However, the entity that is in charge of carrying out the request for the document is not the same one to which it must be presented if it has been requested. In the case of Costa Rica, said certificate is sent by a registered attorney.

Now, said lawyer is responsible for registering the document in a public deed. This will allow obtaining the corresponding legality. On the other hand, it is important to note that the certificate is subject to the legal bases of the Civil Code of Costa Rica.

Remember that to start with the processing of the pledge certificate, You must have the advice of a registered lawyer. He will be in charge of solving all your doubts regarding the document and the issuance process. Do not forget that the lawyer is a trained professional who is part of the process and also who is in charge of registering the certificate.

Thanks for reading us. We hope we have helped you!


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