Antichresis

Antichrese (Greek - Latin for counter use) describes the lien transfer of deposit use to the creditor, that is, it is the combination of utilization and exploitation rights. Antichrese is also called use pledge. The use pledge for movable property is governed by the Civil Code.

The use of deposit can be agreed by contract, see § 1213, Section 1 of the Civil Code: " The lien can be ordered in such a way that the pledgee is entitled to consider the uses of the pledge. "

And the use of deposit may arise force law, see § 1213, paragraph 2 of the Civil Code: "Is a fruit-bearing nature of matter over to the pledgee to the exclusive possession, it may be assumed in case of doubt, that the pledgee shall be entitled to respect fruit. "

Is important to note that in German law a lien only to movables is possible.

§ / Maintenance / RIS Search Civil Code prohibited; : Under Austrian law, the Antichrese is expressly in § 1372Vorlage a side agreement to the lien contract for the Fruchnießung by the pledgee is Sohin not possible.