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Antichresis

Legal Definition and Related Resources of Antichresis

Meaning of Antichresis

(Lat.) In civil law. An agreement by which the debtor gives to the creditor the income from the property which he has pledged, in lieu of the interest on his debt. Guyot, Rep. Univ. It is analogous to the Welsh mortgage of the common law. In the French law, if the income was more than the interest, the debtor was entitled to demand an account of the income, and might claim any excess. Civ. Code La. art. 2085. See Dig. 20. 1. 11; Id. 13. 7. 1; Code, 8. 28, 1; 11 Pet. (U.S.) 351; 1 Kent, Comm. 137.

What does Antichresis mean in American Law?

The definition of Antichresis in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

A species of civil-law mortgage for immovables. Louisiana law still provides for it, but it is almost never used.

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This definition of Antichresis Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Concept of “Antichresis”

Traditional meaning of antichresis in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) A sort of mortgage, in which the debtor transfers the thing or estate to the creditor, who is entitled to retain the use and profits in lieu of interest.

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Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Antichresis”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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Antichresis

Meaning of Antichresis

In this law dictionary, the legal term antichresis is a kind of the Roman, Civil law class.

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See Also

  • Mortgages
  • Roman
  • Civil law

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