Pledge of groups of goods of a same class or universitas facti in the new law on pledge without displacement

Abstract

Article 11 of the new Law on pledge without displacement (2007) contains the figure of a pledge over sets that authorizes the pledger to convert the original components in goods finally manufactured that become subject to a legal pledge, under the foreseeability that the whole must be recharged with new components that, in turn, also become pledged by subrogation of the elements that were replaced. The new norm replaced the pledge of goods contained in Law No. 18.112. But the pledge herein set is based on the universitas facti notion, which gives animportant dogmatic ground to explain its legal consequences and to withdraw consequences not stated in the text of the law. This work accurately examines the regime of this new pledge.