EFFECT OF SALE OF THING PLEDGED
Art. 2115. The sale of the thing pledged shall extinguish the principal obligation, whether or not the proceeds of the sale are equal to the amount of the principal obligation, interest and expenses in a proper case. If the price of the sale is more than said amount, the debtor shall not be entitled to the excess, unless it is otherwise agreed. If the price of the sale is less, neither shall the creditor be entitled to recover the deficiency, notwithstanding any stipulation to the contrary. (n)
1. If the price of the sale is more than the amount due the creditor, the debtor is not entitled to the excess unless the contrary is provided
2. If the price of sale is less, neither is the creditor entitled to recover the deficiency
a. The reason is to compel the creditor to hold an honest public sale
b. Creditor should realize the loans only as much as he is likely to realize at a public sale
RIGHT OF DEBTOR TO EXCESS
> GENERAL RULE—the debtor is not entitled to the excess unless there is an agreement to the contrary
> To compensate the creditor for his risk of not being able to recover the deficiency in case the thing pledged is sold below the amount of the principal obligation