Legal Definition and Related Resources of Pignus
Meaning of Pignus
A pledge or security for a debt or demand . In civil law , a pignus was where the pledgee received possession of the thing pledged and hypotheca was where the pledgor retained possession.
Pignus Alternative Definition
(Lat.) In civil law. Pledge, or pawn; the contract of pledge; the right in the thing pledged. It is derived says Gaius, from pugnum, the fist, because what is delivered in pledge is delivered in hand. Dig. 50. 16. 238. 2. This is one of several instances of the failure of the Roman jurists when they attempted etjrmological explanations of words. The elements of pignus (pig) are contained in the word pan(g)-o and its cognate forms. See Smith. Though pledge is distinguished from mortgage (hypotheca), as being something delivered in hand, while mortgage is good without possession, yet a pledge (pignus) may also be geod without possession. Domat, Civ. Law, bk. iii. tit. 1, § 5 ; Calv. Lex. Pignus is properly applied to movables, hypotheca to immovables; but the distinction is not always preserved. Id.
Related Entries of Pignus in the Encyclopedia of Law Project
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Pignus in Historical Law
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Legal Abbreviations and Acronyms
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Notice
This definition of Pignus is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Concept of “Pignus”
Traditional meaning of pignus in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) A pledge; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 159. Pignori acceptum: a bailment in pledge.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Pignus”, 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.
See Also
Pignus
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