Short answer. Yes. Article 2083 allows a pledge or mortgage to be offered in place of a bond when the person required to give a bond is unable to do so. The pledge or mortgage must be considered sufficient to cover the underlying obligation before it will be accepted as a substitute.
What the law says
If the person bound to give a bond in the cases of the preceding article, should not be able to do so, a pledge or mortgage considered sufficient to cover his obligation shall be admitted in lieu thereof.
Civil Code, Article 2083 — Pledge/Mortgage in Lieu of Bond. Read the full provision →
When the substitute rule applies
Article 2083 steps in when a person who is legally required to post a bond cannot do so. The most common scenario is a court-ordered bond — to secure a judgment pending appeal, to support an injunction, or to stand behind a fiduciary obligation. The statute does not limit the substitute to any particular type of proceeding; it speaks generally of being "bound to give a bond" and being unable to do so. Inability — not mere inconvenience — is the threshold. If you can post a bond with a bonding company but simply prefer not to, the substitute rule was not designed for that situation.
What 'considered sufficient' means
A pledge or mortgage will only be accepted in lieu of a bond if it is considered sufficient to cover the obligation. This is not self-assessed — the sufficiency is evaluated by the court or entity that required the bond. For a pledge, this means the value of the item pledged must be adequate to secure what the bond would have covered. For a mortgage, the property's value and freedom from prior encumbrances matter. Offering a pledged item or mortgaged property worth far less than the obligation will not satisfy the requirement. The substitute must actually function as security for the same amount the bond would have covered.
Pledge or mortgage — the difference matters for delivery
The two substitutes work differently. A pledge requires the delivery of the pledged item to the creditor (or the court's custodian). A mortgage does not require delivery — the property stays with the mortgagor but is encumbered and registered. For practical purposes in a court bond situation, a mortgage over real property is often more workable than a pledge of personal property, because court proceedings may be lengthy and storing pledged items under court custody can raise logistical issues. The choice depends on what assets you have and what the court is willing to accept.
What you should bring to court when making this request
If you intend to ask the court to accept a pledge or mortgage instead of a bond, come prepared with documentation showing the value of the property you are offering, proof of ownership, and — for real property — a certified title showing no conflicting liens or encumbrances. The court will want to be satisfied that your substitute is genuinely equivalent to the bond that was required. A lawyer can help you present this properly and draft the necessary submissions, since the acceptance of a substitute security is within the court's discretion.