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Vadium Vivum: The Concept of Live Pledge Explained
Definition & Meaning
Vadium vivum, or live pledge, refers to a legal arrangement in which an estate is granted to a lender as security for a debt. This pledge allows the lender to receive profits from the estate until the borrower repays the debt. The term "live" indicates that the estate and the money involved remain intact, as the profits generated by the estate are used to pay off the debt over time.
Table of content
Legal Use & context
This term is primarily used in property law and can be relevant in cases involving loans secured by real estate. It is often encountered in civil law contexts where debts are involved. Users may find templates for creating agreements related to vadium vivum on platforms like US Legal Forms, which can help them manage their legal obligations effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, a farmer may grant a portion of their land to a bank as a vadium vivum to secure a loan for purchasing equipment. The bank receives profits from the crops grown on that land until the loan is repaid.
(Hypothetical example) A homeowner might enter into a vadium vivum agreement with a lender to secure a mortgage, allowing the lender to collect rental income from the property until the mortgage is paid off.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Allows for more flexible arrangements regarding profit distribution.
Texas
Has specific regulations governing property liens that may affect vadium vivum agreements.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Vadium Vivum
A live pledge where an estate is used as collateral for a debt.
Profits from the estate pay off the debt.
Mortgage
A loan secured by real property.
Typically involves a fixed repayment schedule without direct profit sharing.
Common misunderstandings
What to do if this term applies to you
If you are considering entering into a vadium vivum agreement, it's essential to document the arrangement clearly to protect both parties. You can explore US Legal Forms for templates that can assist you in drafting a legally sound agreement. If your situation is complex, consulting a legal professional may be advisable to ensure your rights are protected.
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Key benefit: Profits from the estate help repay the debt
Documentation: Essential for legal enforceability
Key takeaways
Frequently asked questions
If the borrower fails to repay the debt, the lender may have the right to take possession of the estate or its profits, depending on the terms of the agreement.
Yes, both parties can agree to modify the terms of the vadium vivum agreement, but it should be documented in writing.
No, while both involve securing a debt with property, a lien does not typically involve sharing profits from the property.