hypothecation

hypothecation
A Roman-law name for a pawn or pledge wherein the feigned pledge remained in the possession of the pledgor. 41 Am J1st Pldg & Col § 2. A contract whereby, without change of possession, specific property is designated as security for the payment of a debt or the performance of an obligation. The contract does not include a transfer of possession as one of its essentials and, therefore, when, in addition to the contract of hypothecation, the debtor gives to his creditor the possession of the premises, he thereby pledges to him the land also as security for the debt, and confers upon him such rights as are incident to a pledge. Spect v Spect, 88 Cal 437, 26 P 203. See general hypothecation; maritime hypothecation; tacit hypothecation.

Ballentine's law dictionary. . 1998.

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  • hypothecation — I noun collateral, contract of mortgage, contract of pledge, creation of a lien, guarantee, lien, mortgage, pledge, security associated concepts: hypothecated property II index charge (lien), cloud (incum …   Law dictionary

  • 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… …   The Collaborative International Dictionary of English

  • Hypothecation — See also hypothec. The original use of the word hypothecation was for a pledge of property as collateral for a debt without transfer of possession to the party making the loan. The arrangement is common with modern mortgages the borrower retains… …   Wikipedia

  • hypothecation — (1) An archaic term for pledging that did not involve either possession or title transfer. (2) Any pledge of an asset as collateral for a debt. (An uncommon but correct usage.) (3) The pledge of marketable securities or deposits to secure a loan… …   Financial and business terms

  • hypothecation — 1) An authority given to a banker, usually as a letter of hypothecation, to enable the bank to sell goods that have been pledged to them as security for a loan. It applies when the bank is unable to obtain the goods themselves. The goods have… …   Accounting dictionary

  • hypothecation — 1) An authority given to a banker, usually as a letter of hypothecation, to enable the bank to sell goods that have been pledged (see pledge) to them as security for a loan. It applies when the bank is unable to obtain the goods themselves. The… …   Big dictionary of business and management

  • hypothecation — hə̇ˌpäthəˈkāshən, (ˌ)hīˌ noun ( s) Etymology: Medieval Latin hypothecation , hypothecatio, from hypothecatus (past participle) + Latin ion , io ion 1. Roman, civil, & maritime law : the act or contract by which property (as real property) is… …   Useful english dictionary

  • hypothecation certificate — noun : a certificate attached to a bill of exchange empowering the holder to dispose of merchandise if payment or acceptance is refused called also letter of hypothecation …   Useful english dictionary

  • hypothecation — noun see hypothecate I …   New Collegiate Dictionary

  • hypothecation — See hypothecate. * * * …   Universalium

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