Quick Asked: Hypotheca Contact Us?

Last update: 25 Apr, 2024 148 Views

What is hypotheca? “Hypotheca” was a term of the Roman law, and denoted a pledge or mortgage. As distinguished from the term “pignut” in the same law, it denoted a mortgage, whether of lands or of goods, in which the subject in pledge remained in the possession of the mortgagor or debtor; whereas In the pignus the mortgagee or creditor was in the possession.

What is hyphypothec in law? Hypothec (/haɪˈpɒθɪk, ˈhaɪpɒθ-/; 16th century, from Fr. hypothèque, from Lat. hypotheca, from Gk. ὐποθήκη: hypothēkē), sometimes tacit hypothec, is a term used in mixed legal systems (e.g. Scots law, South African law, Ukrainian law (Ukrainian: Іпотека)) to refer to an express or implied non-possessory real security over corporeal movable property.

What is a hypothèque in quebec law? In Quebec law, the word is nevertheless used in translations as an equivalent of hypothèque, which has a much broader meaning and encompasses the common law equivalents of, inter alia, mortgages, non-possessory liens over movables or immovables, and legal or equitable charges.

What is a hypothecated security? This real right in security operates by way of hypothecation, often arises by operation of law (generally statute), and gives a creditor a preferential right to have claims paid out of the hypothecated property as last recourse when the debtor is in default.

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