hypothecation
n . 担保契约
担保契约
Hypothecation \
Hy *
poth `
e *
ca "
tion \,
n . [
LL .
hypothecatio .]
1 . (
Civ .
Law )
The act or contract by which property is hypothecated ;
a right which a creditor has in or to the property of his debtor ,
in virtue of which he may cause it to be sold and the price appropriated in payment of his debt .
This is a right in the thing ,
or jus in re .
--
Pothier .
B .
R .
Curtis .
[
1913 Webster ]
There are but few cases ,
if any ,
in our law ,
where an hypothecation ,
in the strict sense of the Roman law ,
exists ;
that is a pledge without possession by the pledgee . --
Story .
[
1913 Webster ]
Note :
In the modern civil law ,
this contract has no application to movable property ,
not even to ships ,
to which and their cargoes it is most frequently applied in England and America .
See {
Hypothecate }. --
B .
R .
Curtis .
Domat .
[
1913 Webster ]
2 . (
Law of Shipping )
A contract whereby ,
in consideration of money advanced for the necessities of the ship ,
the vessel ,
freight ,
or cargo is made liable for its repayment ,
provided the ship arrives in safety .
It is usually effected by a bottomry bond .
See {
Bottomry }.
[
1913 Webster ]
Note :
This term is often applied to mortgages of ships .
[
1913 Webster ]
HYPOTHECATION ,
civil law .
This term is used principally in the civil law ;
it is defined to be a right which a creditor has over a thing belonging to another ,
and which consists in the power to cause it to be sold ,
in order to be paid his claim out of the proceeds .
2 .
There are two species of hypothecation ,
one called pledge ,
pignus ,
and ,
the other properly denominated hypothecation .
Pledge is that species ,
of hypothecation which is contracted by the delivery of the debtor to the creditor ,
of the thing hypothecated .
Hypothecation ,
properly so called ,
is that which is contracted without delivery of the thing hypothecated .
2 Bell '
s Com .
25 ,
5th ed .
3 .
Hypothecation is further divided into general and special when the debtor hypothecates to his creditor all his estate and property ,
which he has ,
or may have ,
the hypothecation is general ;
when the hypothecation is confined to a particular estate ,
it is special .
4 .
Hypothecations are also distinguished into conventional ,
legal ,
and tacit .
1 .
Conventional hypothecations are those which arise by the agreement of the parties .
Dig .
20 ,
1 ,
5 .
5 .-
2 .
Legal hypothecation is that which has not been agreed upon by any contract ,
express or implied ;
such as arises from the effect of judgments and executions .
6 .-
3 .
A tacit ,
which is also a legal hypothecation ,
is that which the law gives in certain cases ,
without the consent of the parties ,
to secure the creditor ;
such as ,
1st .
The lien which the public treasury has over the property of public debtors .
Code ,
8 ,
15 ,
1 .
2d .
The landlord has a lien on the goods in the house leased ,
for the payment of his rent .
Dig .
20 ,
2 ,
2 ;
Code ,
8 ,
15 ,
7 ,
3d .
The builder has a lien ,
for his bill ,
on the house he has built .
Dig .
20 ,
1 .
4th ,
The pupil has a lien on the property of the guardian for the balance of his account .
Dig .
46 ,
6 ,
22 ;
Code ,
6 ,
37 ,
20 .
5th .
There is hypothecation of the goods of a testator for the security of a legacy he has given .
Code ,
6 ,
43 ,
1 .
7 .
In the common law ,
cases of hypothecation ,
in the strict sense of the civil law ,
that is ,
of a pledge of a chattel ,
without possession by the pledgee ,
are scarcely to be found ;
cases of bottomry bonds and claims for seamen '
s wages ,
against ships are the nearest approach to it ;
but these are liens and privileges rather than hypothecations .
Story ,
Bailm .
Sec .
288 .
It seems that chattels not in existence ,
though they cannot be pledged ,
can be hypothecated ,
so that the lien will attach ,
as soon as the chattel has been produced .
14 Pick .
R .
497 .
Vide ,
generally ,
Poth .
de l '
Hypoth �
que ;
Poth .
Mar .
Contr .
translated by Cushing ,
note .
26 ,
p .
145 ;
Commercial Code of France ,
translated by Rodman ,
note 52 ,
p .
351 ;
Merl .
R �
pertoire ,
mot Hypoth �
que ,
where the subject is fully considered ;
2 Bro .
Civ .
Law ,
195 ;
Ayl .
Pand .
524 ;
1 Law Tracts ,
224 ;
Dane '
s Ab .
h .
t .;
Abbott on Ship .
Index ,
h .
t .;
13 Ves .
599 ;
Bac .
Ab .
Merchant , &
c .
G ;
Civil Code of Louis .
tit .
22 ,
where this sort of security bears the name of mortgage . (
q .
v .)
安装中文字典英文字典查询工具!
中文字典英文字典工具:
复制到剪贴板
英文字典中文字典相关资料:
Official Cincinnati Reds Website | MLB. com The official website of the Cincinnati Reds with the most up-to-date information on news, tickets, schedule, stadium, roster, rumors, scores, and stats
Active Roster | Cincinnati Reds - MLB. com Reds and Roto-Rooter Unclogging the Bases; Reds Movement that Inspires pres by Kia; Reds Game Recap
Latest Reds News | Cincinnati Reds - MLB. com The official Reds news source including trades, rumors, scores, standings, stats, game recaps, highlights, injuries and more from MLB
Cincinnati Reds Schedule | Cincinnati Reds - MLB. com Reds and Roto-Rooter Unclogging the Bases; Reds Movement that Inspires pres by Kia; Reds Game Recap
2025 Reds Player Hitting Stat Leaders | Cincinnati Reds - MLB. com The official source for Cincinnati Reds player hitting stats, MLB home run leaders, batting average, OPS and stat leaders
MLB Starting Lineups Today | Cincinnati Reds - MLB. com Reds @ Tigers (36-35) Final • Sat, Jun 14
Transactions | Cincinnati Reds - MLB. com Cincinnati Reds placed RHP Rhett Lowder on the 60-day injured list 06 03 25: Cincinnati Reds reassigned LHP Joe La Sorsa to the minor leagues 06 03 25: Cincinnati Reds selected the contract of LHP Joe La Sorsa from Louisville Bats 06 02 25: Cincinnati Reds sent 3B Jeimer Candelario on a rehab assignment to ACL Reds 06 02 25: Cincinnati Reds
2025 Reds Standings and Record: Regular Season | Cincinnati Reds - MLB. com The official standings for the Reds including division and league standings for regular season, wild card, and playoffs
Great American Ball Park: Home of the Cincinnati Reds | Cincinnati Reds Located on the winding banks of the Ohio River in downtown Cincinnati, Great American Ball Park serves as the home of the Cincinnati Reds, baseball's first professional franchise Download the MLB Ballpark App
Reds defeat Guardians to win 2025 Ohio Cup - MLB. com — Cincinnati Reds (@Reds) June 10, 2025 More important for the Reds and manager Terry Francona, their record is back above 500 (34-33) for the first time since May 19 thanks to a four-game winning streak