hypotheca

hypotheca (hI-p[schwa]-thee-k[schwa] or hip-[schwa]-), n. [Latin fr. Greek] Roman law. A mortgage of property in which the debtor was allowed to keep, but not alienate, the property.

“Yet another mode of creating a security is possible, by which not merely the ownership of a thing but its possession also remains with the debtor. This is called by the Roman lawyers and their modern followers ‘hypotheca.’ Hypothecs may arise by the direct application of a rule of law, by judicial decision, or by agreement.” Thomas E. Holland, The Elements of Jurisprudence 235 (13th ed. 1924).

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词条贡献者

译者蒋毅，毕业于亚洲顶尖的高级翻译学院，擅长翻译各种与破产与资产重组相关的法律文件。