hypothec
Sign in to saveHypothec (; from Lat. hypotheca, from Gk. : hypothēkē), sometimes tacit hypothec, is a term used in civil law systems (e.g. the law of most of Continental Europe) to refer to a registered real security of a creditor over real estate, but under some jurisdictions it may additionally cover ships only (ship hypothec), as opposed to other collaterals, including corporeal movables other than ships, securities or intangible assets such as intellectual property rights, covered by a different type of right (pledge). Common law has two main equivalents to the term: mortgages and non-possessory lien.
Key facts
- UK legislation.short_title
- Hypothec Abolition (Scotland) Act 1880
- UK legislation.type
- Act
- UK legislation.parliament
- Parliament of the United Kingdom
- UK legislation.long_title
- An Act to abolish the Landlord’s Right of Hypothec for Rent in Scotland.
- UK legislation.year
- 1880
- UK legislation.citation
- 43 Vict. c. 12
- UK legislation.territorial_extent
- Scotland
- UK legislation.royal_assent
- 24 March 1880
- UK legislation.status
- repealed
- UK legislation.collapsed
- yes
via Wikipedia infobox
Article
11 sectionsContents
- Overview
- History
- Hypothecation and rehypothecation
- Hypothec in mixed legal systems
- By jurisdiction
- Scotland{{anchor|Hypothec Amendment (Scotland) Act 1867|Hypothec Abolition (Scotland) Act 1880}}
- Quebec
- California
- See also
- Notes
- References
Hypothec (; from Lat. hypotheca, from Gk. : hypothēkē), sometimes tacit hypothec, is a term used in civil law systems (e.g. the law of most of Continental Europe) to refer to a registered real security of a creditor over real estate, but under some jurisdictions it may additionally cover ships only (ship hypothec), as opposed to other collaterals, including corporeal movables other than ships, securities or intangible assets such as intellectual property rights, covered by a different type of right (pledge). Common law has two main equivalents to the term: mortgages and non-possessory lien.
==Overview== This real right in security operates by way of hypothecation. It may arise only through being entered into the land and hypothec register or the ship registry, as a result of: a hypothecary loan contract, required in the form of a notarial act - in case of a contractual hypothec an administrative or court decision - in case of a compulsory hypothec