A commercial mortgage is one that is established on movable property as a guarantee for a debt that is considered commercial for the debtor.

The mortgage is considered commercial for all parties concerned whose rights and obligations are related to it.

The mortgaged item must be something that can be sold, and it must be specifically identified in the mortgage contract or in a subsequent contract with precise identification that eliminates ambiguity and uncertainty. Future assets cannot be mortgaged.

The mortgage is established as a guarantee for a fixed debt or one that is expected to become fixed, provided that the secured debt amount or the maximum limit to which this debt will reach is specified in the mortgage contract.

The Mortgagor may be the same as the Debtor, and another person may provide a mortgage for the benefit of the Debtor. In both cases, the Mortgagor must be the owner of the mortgaged item and capable of acting in it. If it appears that the Mortgagor does not have the capacity to act regarding the mortgaged item, the bona fide Mortgagee has the right to claim an alternative mortgage or to terminate the Contract.

The Mortgage is inseparable from the Secured debt; rather, it is subordinate to it in terms of validity and termination.

If the Mortgagor is not the Debtor, he has, in addition to the right to assert his own defenses, the right to assert defenses related to the debt, and this right remains with him even if the Debtor waives it.

The mortgage shall not be effective against third parties unless the possession of the mortgaged item has been transferred to the mortgagee or to a neutral party appointed by the contracting parties. A person who was in possession of the mortgaged item on behalf of the mortgagor and has agreed that their possession shall be on behalf of the mortgagee is considered equivalent to a neutral party.

In all cases, the possession of the mortgaged item must remain with the person who received it until the mortgage is terminated.

The creditor mortgagee or the person appointed by the contracting parties is considered the possessor of the mortgaged item if it is placed at his disposal in a manner that leads others to believe that the item has come into his possession, or if he receives a document representing the mortgaged item, and this document grants its holder, to the exclusion of others, the right to take possession of this item.

The rights secured by a mortgage are recorded in registered certificates, in a written document that specifies the mortgage of these rights. The mortgage is registered in the records of the entity that issued the certificates, and it is noted on the certificates themselves.

The rights secured by a mortgage in bearer certificates are recorded in a written document that specifies the mortgage of these rights, along with notifying the entity that issued these certificates of the mortgage. The possession of the rights is transferred by delivering the registered certificates. If the certificate is deposited with a third party, the delivery of the deposit receipt is considered equivalent to the delivery of the certificate itself, provided that the certificate is sufficiently identified in the receipt and that the depositor agrees to the possession on behalf of the creditor mortgagee.

The mortgage is proven with respect to the contracting parties and in the event of facing third parties by all means of proof.

If the mortgage is established on fungible property, the mortgage remains valid even if the mortgaged item is replaced with another of the same value and type.

If the mortgaged item is non-fungible property, the mortgagor may retrieve it and replace it with another, provided that this is stipulated in the mortgage contract and the creditor accepts the allowance, while taking into account the specific provisions regarding bankruptcy, and without prejudice to the rights of bona fide third parties.