An agreed neutral custodian appointed by both contracting parties is a distinct lawful arrangement already discussed in the course. The present restriction concerns a pledgee who independently places the property with an unauthorized third party.
Example 1: both parties deliberately appoint a trustworthy custodian.
Example 2: the pledgee was to retain the asset but privately hands it to an unrelated person. Their legal authorizations are not equivalent.
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Agreed neutral custody versus unauthorized deposit
Kitab al-Rahn: Two Pledgees, Conditional Security and Custody
An agreed neutral custodian appointed by both contracting parties is a distinct lawful arrangement already discussed in the course. The present restriction concerns a pledgee who independently places the property with an unauthorized third party.
Example 1: both parties deliberately appoint a trustworthy custodian.
Example 2: the pledgee was to retain the asset but privately hands it to an unrelated person. Their legal authorizations are not equivalent.