Origin Roman law
A hypothec is a form of registered real security recognized in civil law systems, such as most of Continental Europe, giving a creditor rights over a debtor's real estate without transferring possession or ownership to the creditor. The concept originates in Roman law and has been adapted across different civil law jurisdictions as a non-possessory security interest. Unlike a common law mortgage, a hypothec leaves the debtor in possession while granting the creditor preferential rights to satisfy the debt from the hypothecated property, through sale or other remedies, if the debtor defaults. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Origin Period Core PrincipleNon-possessory pledge over the debtor's property, without transfer of possession to the creditor 1 Origin Period
Origin Period (category) Classification
Doctrine Category Connections
In Area Of Law
Entity-backed identity for the doctrine category value this doctrine already carries as an enum fact, resolved to a doctrine entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.
In Legal System
Source Hypothec (Wikipedia)
Sources
1. Hypothec (Wikipedia)
History section, opening sentence
Originating in Roman law, a hypotheca was essentially a non-possessory pledge over a person's entire estate
History section, opening sentence, pledge clause
a hypotheca was essentially a non-possessory pledge over a person's entire estate
- In Group: Ius in Re, lead paragraph defines the civil law security real right
In Legal System: Civil Law, Wikipedia lead sentence
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
View the Source2. Wikipedia: Hypothec
a term used in civil law systems to refer to a registered real security of a creditor over real estateView the Source Reader Challenges (0)
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