Legal right over a debtor's property in civil law systems
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Property law
Part of the common law series
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Related topics
Fixtures
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Partition
Practicing without a license
Property rights
Mineral rights
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prior appropriation
riparian
Lateral and subjacent support
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Nemo dat
Quicquid plantatur
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Blackacre
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Higher category: Law and Common law
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Hypothec (/haɪˈpɒθɪk,ˈhaɪpɒθ-/; German: Hypothek, French: hypothèque, from Lat. hypotheca, from Gk. ὑποθήκη: hypothēkē), sometimes tacit hypothec, is a term used in civil law systems (e.g. the law of most of Continental Europe) or to refer to a registered real security of a creditor over real estate, but under some jurisdictions it may additionally cover ships only (ship hypothec), as opposed to other collaterals, including corporeal movables other than ships, securities or intangible assets such intellectual property rights, covered by a different type of right (pledge). Common law has two main equivalents to the term: mortgages and non-possessory lien.
Hypothec (/haɪˈpɒθɪk, ˈhaɪpɒθ-/; German: Hypothek, French: hypothèque, from Lat. hypotheca, from Gk. ὑποθήκη: hypothēkē), sometimes tacit hypothec, is...
being the tacit hypothec of the seller under a hire purchase agreement. The lessor’s tacit hypothec, also known as the landlord’s hypothec, arises out of...
In a ship mortgage (common law) or ship hypothec (civil law term, covering also a maritime lien), a shipowner gives a lender (or mortgagee) a security...
simply mortgage (/ˈmɔːrɡɪdʒ/), in civil law jurisdictions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds...
Lord Rosebery, speaking to me of the law of hypothec, said that the bill of Mr. Vans Agnew on hypothec is a Tulcan Bill. A tulcan, I believe, is the...
hypotheca or hypothec in Wiktionary, the free dictionary. Hypotheca may refer to: The inner theca of the frustule (exoskeleton) of a diatom Hypothec, in civil...
is no similar institution to the mortgage in the civil law, however a hypothec is a device to secure real rights against property. These real rights follow...
property held by a lender as a security for a debt, usually a mortgage loan. Hypothec is the corresponding term in civil law jurisdictions, albeit with a wider...
the goods are subject to an encumbrance (such as a mortgage, charge or hypothec), or even stolen, the bill of lading will not grant full title to the holder...
taken reasonable steps to protect his property from the lessor's tacit hypothec, the courts will infer that the property was brought onto the leased premises...
Policy Benefit principle Bundling (public choice) Consumer sovereignty Hypothec Tax choice The Other Invisible Hand User charge Fungibility Seely, Antony...
the existence of any encumbrances such as easements or mortgages and hypothecs. Often, in the case of lawyer notaries, the certificate to be provided...
case of distraint are found in the Civil Code of Quebec (known as movable hypothec without delivery, at Art. 2696 CCQ et seq.) and St Lucia (arts. 1888 et...
creditors are secured by a hypothec on only one of the properties charged in favour of one and the same creditor, his hypothec is spread among them, where...
Persons The Family Successions Property Obligations Prior Claims and Hypothecs Evidence Prescription Publication of Rights Private International Law...
mortgage have a single corresponding term in the civil law, namely the ship hypothec. The maritime lien is a proprietary instrument meaning it concerns the...
to make further Provision for the Enlargement of the National Gallery. Hypothec Amendment (Scotland) Act 1867 (repealed) 30 & 31 Vict. c. 42 15 July 1867...
Security Acts which operate similarly in Quebec, there is no "presumption of hypothec", and therefore an ROT clause is not considered to be a security interest;...
the time of the sale" and "is bound to discharge the property of all hypothecs, even declared or registered, unless the buyer has assumed the debt so...
Persons The Family Successions Property Obligations Prior Claims and Hypothecs Evidence Prescription Publication of Rights Private International Law...
subject to any right of preference by reason of any special mortgage, legal hypothec, pledge or right of retention.” It includes the balance of the proceeds...
loan where a ship's cargo is the security, on similar terms to bottomry. Hypothec Mortgage Security interest Mechanic's lien Chambers, Ephraïm (1728). s...
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