| 释义 |
hypothec|hɪp-, haɪˈpɒθɪk|
Also 7–8 -eque, 8 -ic; 6– hypotheca |hɪpəʊˈθiːkə|.
[a. F. hypothèque or ad. late L. hypothēca, ad. Gr. ὑποθήκη a deposit, pledge, mortgage, f. ὑποτιθέναι to deposit as a pledge (f. ὑπό down + τιθέναι to put, place). The Latin form is now used only in sense 1 a.]
1. ‘A security established by law in favour of a creditor over a subject belonging to his debtor, while the subject continues in the debtor's possession’ (Bell's Dict. Law Scot.).
a. In ancient Roman law.
1592West 1st Pt. Symbol. §18 C, An improper pledge is called Hypotheca, which is of a thing not deliuered, which is made and perfected by couenant onelie. 1726Ayliffe Parergon 272 A Man's Bed, Wearing Apparel and other Things of the like Kind, necessary to his daily Use..do not pass under an Hypotheque. 1875Poste Gaius iv. (ed. 2) 642 In a hypotheca, that is, an agreement without delivery, the mortgagee acquired no possession. 1880Muirhead Gaius i. §199 note, A pledge or hypothec could not be accepted instead. 1883Maine Early Law & Cust. x. 357 Possession, Usucapion, Bonitarian ownership, and Hypothek occupy together a prodigious space in the Roman jurisprudence.
b. In Scots Law.
(a) The lien or prior claim of a landlord for his rent over the crop and stock of a tenant farmer (but see quot. 1880), and over the furniture and other effects of a tenant in urban property. (b) The lien which seamen, freighters, and repairers have over a ship for their wages, etc., and that which a ship-owner has over cargo for the freight. (c) The lien which a legal agent has for costs over costs recovered from the adverse party. Sometimes applied to the right to retain writs and title-deeds in security of a professional account.
c1730Burt Lett. N. Scotl. (1818) II. 57 The Landlord has, by law, an hypothic, a right of pledge, with respect to the corn for so much as the current year's rent. 1733P. Lindsay Interest Scot. 39 Their Hypotheck secures them absolutely against Loss by the Tenant. 1754Erskine Princ. Sc. Law (1809) 291 Writers also, and agents, have a right of hypothec, or more properly of retention, on their constituent's writings, for their claim of pains and disbursements. 1816Scott Antiq. xli, As we hold your rights, title-deeds, and documents in hypothec. 1854H. Miller Sch. & Schm. xi. (1857) 238 The cattle and horses of the farm—appropriated by the landlord, at the time under the law of hypothec. 1880Act 43 Vict. c. 12 §1 The landlord's right of hypothec for the rent of land..exceeding two acres..let for agriculture or pasture, shall cease and determine.
c. In the Channel Islands.
(In Fr. form hypothèque.)
1682Warburton Hist. Guernsey (1822) 106 An Hypothèque differs from a mortgage in England in this respect chiefly, that he who parts with his money can never call it in again. 1694Falle Jersey ii. 86 All Bonds are not Personal as in England, but real, and carry an express Hypotheca or Mortgage upon the Estate both real and personal of the Debtor.
2. the whole hypothec (colloq. Sc.), the whole stock or lot, the whole ‘concern’ or ‘business’, the whole of anything.
1871W. Alexander Johnny Gibb i. (1873) 13 Johnny Gibb stopped Jess, got the whole ‘hypothec’ into the cart, and then [etc.]. 1879Stevenson Trav. Cevennes 22 And at last..saddle and all, the whole hypothec turned and grovelled in the dust below the donkey's belly. |