Fiducia Cum Creditore and Pactum De Retrovendendo

Abstract

l SINCE very early times creditors were not satisfied with the mere personal guarantee of the debtor and means were devised to obviate against the debtor's insolvency, procured fraudulently or otherwise. The first forms of security were personal, but these were later eclipsed by real securities, which safeguarded better the interests of the creditor. The creditor preferred to secure his claims by obtaining rights over a definite portion of the debtor's property to which he could resort in the event of non-payment at a future date. Plus est caution is in requam in persona.