Found 1 items, similar to Hypothecation.
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Definition: Hypothecation
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]