Pawnor, Pawnee
In order to understand in detail the difference between the rights and duties of pawnor and pawnee, we need to know what a pledge is. A pledge is an exceptional sort of bailment, and the premise of qualification is the object of the agreement. At whatever point the products are being conveyed with an item to give security to credit or for satisfying a commitment, the bailment will be known as a pledge.
Pledge, Pawnor, and Pawnee
A promise called pawn has been characterised as the bailment of products as security for the instalment of an obligation or execution of a guarantee. The bailor is known as the pledger or pawnor, and the bailee is known as the pledgee. This process is called the pledge law or a pledge by non-owners. The contract of the pledge is valid for both parties.
Rights of Pawnor
Right to Retain Merchandise, Section 173
The pawnee includes a right to retain the pledged goods until the time his loan is due. He will retain them for the interest of the debt and every expense incurred in respect of such merchandise for their preservation. However, he includes a right to exercise a solely explicit lien over merchandise.
Right to Retain Ensuant Advances, Section 174
It’s perpetually likely that the correct to retain the pledged merchandise conjointly extends to the money lent by the grownup to a similar adult when the date of pledge except within the case of a contract contrary to such presumption.
Right to Unordinary Expenses, Section 175
The pawnee includes a right to induce compensation of any extraordinary expenses incurred by him to preserve products pledged. He doesn't have the right to retain the products, however solely to sue for sickness of the expenses.
Right Against the True Owner, Section 178 A
Once the pledger's title to the pledged merchandise is defective and the possession has been obtained underneath a revocable contract, the contract remains in existence. The grownup includes a right to amass sensible title to the pledged merchandise if he acts in honesty.
In case, the pawnee makes any unauthorised sale of products pledged while not giving correct notice and time to the pawnor, then the pawnor has the following rights:
The right to file a suit for redemption of goods by creating payment of a debt.
The right to assert for damages and loss on the bottom of conversion.
Rights of a Pawnee
Right to Receive Back the Products
The pawnor contains a right to receive the goods back once the promise has been performed or the loan and interest have been repaid.
Right to Retain Goods until Payment
Pawnee has a privilege to hold the merchandise vowed until instalment of obligation, intrigue, and other costs for such products. For example, Mr X promises his gold gems for some credit from a bank. In such a case the bank has all the rights to hold the gold adornments for change of credit sum and install premium gathered on such advance sum.
Right to the Redemption of Debt.
The selected time is stipulated for the performance of a promise or compensation of debt. The pawnor doesn't perform such a promise or repay the debt at such times, the pawnor contains a right to redeem the pledged merchandise before their sale; however, he shall pay any expenses arisen as a result of his fault.
Right to Maintenance and Preservation of Merchandise
The grownup contains a right to visualise that the pledgee is conserving and maintaining the pledged goods properly. Pawnee has a privilege to look for repayment of phenomenal costs caused. In any case, he can't hold products with him in such a case.
Rights of the Ordinary Debtor
The pawnor also has rights, just like that of a normal debtor conferred on him by varied laws created for the debtors’ cover.
Right to Suit
Pawnee has a privilege to document a suit for the recovery of obligation while holding the products promised as security. He has a privilege to sue for the offer of merchandise swore and cash instalments because of him.
Right to Sell
Pawnee has a privilege to sell the merchandise after giving sensible notification and time to the pawnor. Pawnee can sue pawnor for insufficiency, assuming any, after the offer of such products. Additionally, if there is any excess discount of products, the pawnee must restore it to the pawn.
FAQs on Rights of Pawnee and Pawnor
1.Define pawnee. What are the duties of a pawnee?
A pawnee is an individual to whom goods are delivered as a measure of security for the payment of a debt or the performance of a certain promise.
The duties of a pawnee are as follows:
To take proper care of the goods: the pawnee is supposed to take reasonable care of the goods like an individual who would look after their own goods.
To not use the goods: until and unless the pawnee has been authorised to utilise the goods by the pawnor, the pawnee is not allowed to use the goods in any way whatsoever.
To not mix the goods: the pawnee must not mix his/her own goods with the goods pledged.
To return the goods: once the pawnor pays his/her debt or performs his/her promise, the pawnee must return the goods.
To return an increase in goods: any accretion to the goods pledged with him/her must be returned by the pawnee to the pawnor.
2.What is meant by a pledge? Is it possible for a non-owner to make a valid pledge?
A pledge is defined as a solemn promise or an agreement to do a particular thing or to refrain from doing it. In this context, a pledge is delivered as a measure of security for the payment of a debt or the performance of a promise and subject to confiscation on the failure to fulfil the promise or pay the debt.
Generally, it is not possible for a non-owner to make a valid pledge. However, under certain circumstances, this can be done; if a mercantile agent possesses the said goods with the consent of the owner, then the agent can make a valid pledge of the goods whilst acting in the ordinary course of his/her business.
3.State the difference between bailment and pledge?
The difference between a bailment and a pledge is as follows:
Bailment | Pledge |
The two parties involved in the process are known as bailor and bailee. | The two parties involved in the process are known as pawnor and pawnee. |
It is referred to as the delivery of goods by one individual to another based on a contract. | It is referred to as the bailment of goods as a measure of security for paying a debt or fulfilling a promise. |
It can be for any kind of purpose. | It is only for a specific kind of purpose, i.e., debt repayment. |
It does not amount to pledge. | Each and every pledge tends to involve a bailment. |
If there is any default from the bailor’s side, the bailee can either sue for charges or retain the goods. The bailee cannot sell the goods. | If there is any default from the pawnor’s side in paying the debt, the pawnee is allowed to sell the goods pledged to him/her after giving a notice. |
4.What happens if the pawnor fails to pay the debt or perform his/her promise on time?
If the pawnor fails to repay the debt or fulfil his/her promise at the given time, then:
The pawnee can file a suit against the pawnor or sue him/her.
As collateral security, the pawnee can also retain the goods that had been pledged to him/her.
The pawnee, after giving a notice to the pawnor, can also sell the pledged goods and if the amount of the particular debt/promise is more than the proceeds of the sale, the pawnee can also claim the balance from the pawnor. However, if the amount of the debt/promise is less than the proceeds of the sale, then the pawn becomes entitled to the surplus.
5.Who is a pawn? What are the duties of a pawnor?
A pawnor is an individual who is supposed to deliver goods to a pawnee as security for the repayment of a debt or for the fulfilment/performance of a promise.
The duties of a pawnor are as following:
To reimburse both ordinary as well as extraordinary expenses.
To pay the claims and/or compensation to the pawnee as and if required.
To repay any interest that has accumulated on the debt.
