Text of the provision
Art. 2105. The debtor cannot ask for the return of the thing pledged against the will of the creditor, unless and until he has paid the debt and its interest, with expenses in a proper case.
(1871)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The debtor cannot demand return of the thing pledged against the creditor's will until the debt, interest, and expenses are paid.
Related provisions
- Article 2104 — No Use Without Authority.
- Article 2106 — Deposit on Danger of Loss.
Cases citing this article
- Spouses Bonifacio and Faustina Paray, et al. vs. Dra. Abdula C. Rodriguez, et al, G.R. No. 132287, January 24, 2006 — read the decision on LawPhil →
- Lim Tay vs. Court of Appeals, et al, G.R. No. 126891, August 5, 1998 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.