Question 1
Which of the following is not a form of real security?
1 Possession of the movable goods of another
person given as security for debt
2 Suretyship
3 The landlord’s tacit hypothec
4 Liens for the improvement of property
1 Possession of the movable goods of another person given as security for debt
The correct answer is 4 Liens for the improvement of property.
To determine which of the options is not a form of real security, we need to understand what real security is. Real security refers to a type of collateral that is associated with immovable property, such as land or buildings. It involves using this property as security for a debt or obligation.
Now, let's go through each option to find the one that does not fit the definition of real security:
1. Possession of the movable goods of another person given as security for debt: This option refers to security linked to movable goods, such as vehicles or equipment. Since it does not involve immovable property, it is not considered real security.
2. Suretyship: Suretyship is a type of personal security that involves a third party (the surety) guaranteeing the debt or obligation of another person. Since it does not involve using property as collateral, it is not real security.
3. The landlord’s tacit hypothec: This option refers to the legal right of a landlord to claim a hypothetical security interest on the tenant's movable property. It does not involve immovable property, so it is not real security.
4. Liens for the improvement of property: A lien is a legal claim on property to secure the payment of a debt or obligation. In this case, the lien is specifically related to improvements made on the property. Since it involves immovable property, it is considered a form of real security.
Therefore, based on the definitions provided, the option that is not a form of real security is option 1: Possession of the movable goods of another person given as security for debt.