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(in Roman and Scots law) a right established by law over a debtor's property that remains in the debtor's possession.
- ‘You want to buy a new house without the horrors of construction legal hypothecs?’
- ‘Moveable hypothecs with delivery are not required to be in writing.’
- ‘There is a separate land registry system for title to real estate and hypothecs on real estate.’
- ‘The immovable hypothec is granted in the prescribed manner described in the Civil Code of Québec.’
- ‘If one fails to abide by this rule on written information, no construction legal hypothec can be placed against the property.’
- ‘The legal framework governing realization of most quasi-security interests is in Quebec the same as for hypothecs.’
- ‘Many forms of jus existed short of ownership, notably the hypothec, the civilian equivalent of the mortgage.’
- ‘All hypothecs should be registered at the State register of hypothecs supported by Ministry of Justice.’
- ‘However, movable hypothecs are a form of real security, while suretyship is a form of personal security.’
- ‘The judicial hypothec arises from any judgment given in civil proceedings by the Royal Court.’
- ‘This arrangement is distinguishable from the hypothec of Roman Law and of modern civil law, which is comparable to a mortgage.’
- ‘Any hypothecs effecting this ‘unregisterable’ part are considered as overriding interests but one may choose to include same in the application.’
- ‘If the goods are removed from the leased premises prior to the landlord's hypothec being perfected, the rights therein are lost to the landlord.’
- ‘The contractors registered legal hypothecs on the co-ownership in order to guarantee the payment of their account.’
- ‘The hypothec allows the Landlord to sell the movable goods of the tenant, which are on the leased premises.’
Early 16th century: from French hypothèque, via late Latin from Greek hupothēkē deposit (from hupo under + tithenai to place).
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