Collaterals


In observing the prohibition on fiduciary collateral, trust can be used in complex lending relationships as a special form of surety for the loan extended. When used as collateral, the debtor or the debtor in rem puts the thing, right or claim which serves as the collateral for the loan in trust, which is managed by the trustee for the benefit of the parties as beneficiaries, ensuring that the loan can be repaid in the future. If the debtor fails to pay the due instalment, the trustee performs on behalf of the debtor to the beneficiary from the yield of the managed assets first and then from the managed assets themselves. If, due to the termination of the loan agreement, the collateral is used, the trustee sells the managed assets and settles the debt using the consideration received for the assets, and at the same time settles the accounts with the parties and allots the assets remaining after paying the debt to the settlor. Since the trustee acts in accordance with the trust deed, this kind of "quasi enforcement" can be used to fully avoid legal action or including the transaction in a notarial document and, eventually, judicial enforcement. This solution can drastically reduce the time and cost of enforcement, providing greater safety and liquidity for the creditor and credit conditions for the debtor. Another important advantage of the collateral construction is that it can be used for a property which was not suitable for inclusion or was hard to include in the collateral system in previously available collateral solutions.