Legal Definition and Related Resources of Hypotheca

Meaning of Hypotheca

In civil law. That kind of pledge in which the possession of the thing pledged remains with the debtor; the obligation resting in mere contact. Dig. 1. 3. 7. 9. 2.


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

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Concept of “Hypotheca”

Traditional meaning of hypotheca 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 for a debt without delivery of the property pledged; hypothecation; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 159.


Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Hypotheca”, 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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