The transfer serves to protect the pledgee's real security right by preventing the pledgor from alienating the pledged object or pledging it to some other person.
If one person had a positive right in a thing, such as a pledgee, usufructory, or good faith possessor, both he and the owner could sue.
The pledgee, if he was in physical control of the object (as was usually the case) was required to safeguard the thing.
The pledgee is entitled to protect his possession by means of an interdict.
Although the pledgee is entitled to possession, he is not entitled to use it, enjoy it or take any of its fruits.
It is created by delivery of the movable property, pursuant to an agreement between the parties, who are known as the pledgor and the pledgee.
The pledgee had to set any profits derived from the thing against the outstanding debt.
Like the borrower, a pledgee was held to the "culpa levis in abstracto" standard; again, this may have developed from "custodia".
