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HYPOTHEQUE Definition & Legal Meaning

Definition & Citations:

In French law. Hypothecation ; a mortgage on real property; theright vested in a creditor by the assignment to him of real estate as security for thepayment of his debt, whether or not it be accompanied by possession. See Civ. CodeLa. art 3360.It corresponds to the mortgage of real property in English law, and is a real charge,following the property into whosesoever hands it comes. It may be legale, as in thecase of the charge which the state has over the lands of its accountants, or which amarried woman has over those of her husband; judiciaire, when it is the result of ajudgment of a court of justice ; and conventionale, when it is the result of anagreement of the parties. Brown.


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