“The Roman mortgage (fiducia) fell wholly out of use before the time of Justinian, having been displaced by the superior simplicity and convenience of the hypotheca; and in this respect modern Continental law has followed the Roman.” John Salmond, Jurisprudence 443 (Glanville L. Williams ed., 10th ed. 1947).
fiducia
fiducia (fi-d[y]oo-shee-[schwa]), n. [Latin “an entrusting”] Roman law. An early form of transfer of title by way of mortgage, deposit, etc., with a provision for reconveyance upon payment of the debt, termination of the deposit, etc.
