Text of the provision
Art. 2139. The last paragraph of article 2085, and articles 2089 to 2091 are applicable to this contract.
(1886a)
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 last paragraph of Art. 2085 and Arts. 2089-2091 apply to antichresis.
Rather than restating rules already written out for pledge and mortgage, the Code simply cross-references them into the chapter on antichresis: the last paragraph of Article 2085 and Articles 2089 through 2091 — which include the indivisibility rule discussed at Article 2090 — apply here as well. This drafting technique reflects how closely related these three contracts are as accessory security arrangements; rather than pledge, mortgage, and antichresis each having a free-standing set of common rules, the Code treats certain provisions as shared infrastructure, incorporated by reference into whichever specific contract needs them.
Questions about this provision
- Can I put up my own land in an antichresis to secure someone else's debt, the way a third party can pledge or mortgage their property?
- Which pledge and mortgage rules also apply to an antichresis agreement?
Related provisions
- Article 2138 — Interest Compensated by Fruits.
- Article 2140 — Chattel Mortgage Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.