Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Hypothecary
debt. See DEBT.
hypotheca
n. [Latin] Roman law. A mortgage of property in which the debtor was allowed to keep, but not alienate, the property. "Yet another mode of creating a security is possible, by which not merely the ownership of a thing but its possession also remains with the debtor. This is called by the Roman lawyers and their modern followers 'hypotheca.' Hypothecs may arise by the direct application of a rule of law, by judicial decision, or by agreement." Thomas E. Holland, The Elements of Jurisprudence 235 (13th ed. 1924).
hypothecaria actio
n. [Latin] Roman law. A hypothecary action; an action to enforce a mortgage or to obtain the surrender of the thing mortgaged.
hypothecarii creditors
n. [Latin] Roman law. Hypothecary creditors; those who lent money on the security of a hypotheca.
hypothecary
adj. Of, relating to, or involving a hypothec or hypothecation.
hypothecary action. Civil law.
A lawsuit to enforce a creditor's claims under a hypothec or hypothecation.
hypothecate
vb. To pledge (property) as security or collateral for a debt, without delivery of title or possession.
hypothecation
n. The pledging of something as security without delivery of title or possession. - hypothecator (hipoth-a-kay-tar), n. tacit hypothecation. 1. Civil law. A type of lien or mortgage that is created by operation of law and without the parties' express agreement. - Also termed tacit mortgage. 2. See maritime lien under LIEN.
hypothecation bond.
A bond given in the contract of bottomry or respondentia.
tacit hypothecation
See HYPOTHECATION.