RIGHT OF PLEDGEE TO CAUSE SALE OF THE THING PLEDGED
Art. 2112. The creditor to whom the credit has not been satisfied in due time, may proceed before a Notary Public to the sale of the thing pledged. This sale shall be made at a public auction, and with notification to the debtor and the owner of the thing pledged in a proper case, stating the amount for which the public sale is to be held. If at the first auction the thing is not sold, a second one with the same formalities shall be held; and if at the second auction there is no sale either, the creditor may appropriate the thing pledged. In this case he shall be obliged to give an acquittance for his entire claim. (1872a)
> The thing pledged may be alienated for the payment to the creditor when the principal obligation becomes due
THE FORMALITIES REQUIRED FOR SUCH SALE
1. The debt is due and unpaid
2. The sale must be at a public auction
3. There must be notice to the pledgor and owner, stating the amount due
4. The sale must be made with the intervention of a notary public
RIGHT OF PLEDGEE TO APPROPRIATE THING PLEDGED
> Serves as an exception to the prohibition on pactum commissorium
> The pledgee may appropriate the thing pledged if after the first and second auctions, the thing is not sold
> If the creditor appropriates the thing, it shall be considered as full payment of his entire claim—he is thus obliged to an acquittance for the same. The debtor is not entitled for the excess in case the value of the thing pledged is more than the principal obligation.