Hypothec - Law Dictionary Search Results
Home Dictionary Name: hypothecHypothecation
Hypothecation [fr. hypotheca, Civ. Law, a pledge in which the pledges retained possession of the thing pledged, as distinguished from pignus, where the possession was transferred to the pledge. See Sand. Just; Sith's dict. of Antiq., tit. 'Pignus'], the act of pledging a thing as security for a debt or demand without parting with the possession. There are few cases, if any, in our law where an hypothecation in the strict sense of the Roman Law exists. The nearest approaches, perhaps, are the cases of holders of bottomry bonds, and of seamen to whom wages are due in the merchant service, who have a claim against the ship in rem. But these are rather cases of liens or privileges than strict hypo-thecations. There are also cases where mortgages of chattels are held valid, without any actual possession by the mortgage, but they stand upon very peculiar grounds, and may be deemed exceptions to the general rule.It means a charge in or upon any movable property, existing or future, created by...
Hypothec
Hypothec, in the law of Scotland, is a security without possession established by law in certain cases in favour of a creditor over the property of his debtor. In the case of a landlord to whom rent is owing it is restricted, as to the right to agricultural produce, by the Hypothec Amendment (Scotland) Act, 1867 (30 & 31 Vict. c. 42), and abolished by the Hypothec Abolition (Scotland) Act, 1867 (30 & 31 Vict. c. 42), and abolished by the Hypothec Aboli-tion (Scotland) Act, 1880 (42 Vict. c. 12), as to the rent of land, exceeding two acres in extent, let for agriculture or pasture. It is restricted in certain cases by the House-letting and Rating Act, 1911.A mortgage given to a creditor or property to secure a debt, Black's Law Dictionary, 7th Edn., p. 747....
hypothecate
hypothecate -cat·ed -cat·ing [Medieval Latin hypothecare to pledge, from Late Latin hypotheca pledge, from Greek hypothēkē, from hypotithenai to put under, deposit as pledge] : to pledge as security without delivery of title or possession compare pawn hy·poth·e·ca·tion [-pÄ -thə-kā-shən] n ...
Hypothecate
To subject as property to liability for a debt or engagement without delivery of possession or transfer of title to pledge without delivery of possession to mortgage as ships or other personal property to make a contract by bottomry See Hypothecation Bottomry...
Hypothecation
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...
Hypothecator
One who hypothecates or pledges anything as security for the repayment of money borrowed...
Bottomry
A contract in the nature of a mortgage by which the owner of a ship or the master as his agent hypothecates and binds the ship and sometimes the accruing freight as security for the repayment of money advanced or lent for the use of the ship if she terminates her voyage successfully If the ship is lost by perils of the sea the lender loses the money but if the ship arrives safe he is to receive the money lent with the interest or premium stipulated although it may and usually does exceed the legal rate of interest See Hypothecation...
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
alienate
alienate -at·ed -at·ing [Latin alienare, from alienus not one's own] : to give away or sell (property or a property right) to another [will not sell, transfer, assign, hypothecate or otherwise any of his voting shares "Strickland v. Rahaim, 549 So. 2d 58 (1989)"] compare devise alien·ation [ā-lē-ə-nā-shən, āl-yə-] n ...
pawn
pawn 1 a : a pledge and transfer of possession of movable or personal property to a creditor which gives the creditor the privilege of satisfying the debt from the property (as by selling it) if the debt is not repaid within a specified time ;also : the property pledged [shall not take as a any workman's tools] compare antichresis b : the state of being so pledged or burdened by such a pledge [goods held in ] 2 : the act of pawning vt : to put (personal or movable property) in pawn [when it is redeemed by the person who ed it] compare hypothecate pawn·er [pȯ-nər] or paw·nor [same or pȯ-nȯr] n ...
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