Hypotheca

1 definition found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Hypotheca \Hy`po*the"ca\, n. [L., fr. Gr. ? a thing subject to
     some obligation, fr. ? to put under, put down, pledge. See
     {Hypothesis}.] (Rom. Law)
     An obligation by which property of a debtor was made over to
     his creditor in security of his debt.
     [1913 Webster]


  
     Note: It differed from pledge in regard to possession of the
           property subject to the obligation; pledge requiring,
           simple hypotheca not requiring, possession of it by the
           creditor. The modern mortgage corresponds very closely
           with it. --Kent.
           [1913 Webster]