Impignare

Impignare ispirare? No, impignare is an Italian verb meaning to pledge or pawn a property as security for a debt. The act creates a real right of guarantee on the pledged asset, known as a pegno. The term derives from the concept of collateral that secures a financial obligation. In civil law, impignare typically concerns movables such as jewelry, vehicles, or other negotiable objects; for immovable property, the conventional form of security is the ipoteca (mortgage) rather than a pegno.

Costituzione del pegno can be achieved through a contract of pledge, often in written form and sometimes requiring delivery of the asset to the creditor or to a custodian. The debtor (pledgee) retains ownership, but the creditor acquires a priority lien on the pledged item. The exact modalities depend on the agreement and applicable law. If the debtor defaults, the creditor may realize the guarantee to satisfy the debt, typically through sale of the pledged asset, subject to any legal procedures and allowances.

The use of impignare is common in private loans and among pawnbrokers, where an asset is put up as collateral to secure repayment. It is important to distinguish impignare from pignorare: the latter term refers more generally to the process by which a creditor enforces or seizes assets to satisfy a debt through a formal procedure, whereas impignare refers to the creation of the pledge itself.

See also: pegno, ipoteca, garanzia, diritto civile, creditore.