Hypothec (Lat. hypotheca, Gr. inroOipcvl), in Roman law, the most advanced form of the contract of pledge; in modern civil law, an instrument akin to the common law mortgage. Latin is an ancient Indo-European language originally spoken in the region around Rome called Latium. ... Greek (Greek Ελληνικά, IPA – Hellenic) is an Indo-European language with a documented history of 3,500 years. ... Roman Law is the legal system of ancient Rome. ... Pledge is a verb, meaning to promise solemnly, and a noun, meaning the promise or its maker or its object – especially: // General The word pledge is used as a synonym for oath, a formal and binding engagement, as in Pledge of Allegiance. ... Civil law has at least three meanings. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A mortgage is a method of using property as security for the payment of a debt. ...

A specific thing may be given absolutely to a creditor on the understanding that it is to be given back when the creditor's debt is paid; or the property in the thing may be assigned to the creditor while the debtor is allowed to remain in possession, the creditor as owner being able to take possession if his debt is not discharged. A creditor is a party (e. ... // Use of the term The concept of property or ownership has no single or universally accepted definition. ...

In the hypothec, the property does not pass to the creditor, nor does he get possession, but he acquires a preferential right to have his debt paid out of the hypothecated property; that is, he can sell it and pay himself out of the proceeds, or in default of a purchaser he can become the owner himself. The name and the principle have passed into the Scotland's civil law system, which distinguishes between conventional hypothecs, as bottomry and respondentia, and tacit hypothecs established by law. Of the latter the most important is the landlord's hypothec for rent (corresponding to distress in the law of England), which extends over the produce of the land and the cattle and sheep fed on it, and over stock and horses used in husbandry. ... In cases where the ship needs urgent repairs during the course of its voyage or some other emergency arises and it is not possible for the master to contact the owner to arrange funds he may borrow money on the security of the ship or the cargo by executing a... Wikimedia Commons has media related to: England Travel guide to England from Wikitravel English language English law English (people) List of monarchs of England – Kings of England family tree List of English people Angeln (region in northern Germany, presumably the origin of the Angles for whom England is named) UK...

The law of agricultural hypothec long caused much discontent in Scotland; its operation was restricted by the Hypothec Amendment (Scotland) Act 1867, and finally by the Hypothec Abolition (Scotland) Act 1880 it was enacted that the landlords right of hypothec for the rent of land, including the rent of any buildings thereon, exceeding two acres (8,000 m²) in extent, let for agriculture or pasture, shall cease and determine. By the same act and by the Agricultural Holdings (Scotland) Act 1883 other rights and remedies for rent, where the right of hypothec had ceased, were given to the landlord.

References

• This article incorporates text from the 1911 Encyclopædia Britannica, a publication in the public domain. Please update as necessary.