zastawem

Zastawem is a legal concept in Polish civil law describing a form of security interest, or collateral, used to secure the performance of an obligation such as repayment of a loan. By establishing a zastaw, the creditor obtains a lien on a pledged asset, giving them a claim on the asset if the debtor defaults.

The pledged property can take several forms. It may be movable property (zastaw na ruchomościach), rights such as receivables, or other tangible assets. There is also the registered pledge (zastaw rejestrowy), which creates a security on specific assets—often movable items like vehicles, machinery, or even certain financial instruments—without necessarily transferring possession to the creditor. The precise requirements for creating a zastaw depend on the asset and the applicable provisions of the Civil Code.

Creation and enforcement typically involve a contract between the debtor and creditor, with arrangements regarding possession, custody, or registration. In the event of non-performance by the debtor, the creditor may realize the collateral to satisfy the claim, generally through sale or other enforcement procedures, subject to rules that determine the priority of claims and the return of any surplus to the debtor.

A zastaw differs from a mortgage in that it generally concerns movable assets or rights (and certain registered forms), whereas a mortgage is a security right over immovable property. Both are mechanisms to secure obligations but operate under different rules and asset classes within Polish law.