資料來源 : pyDict

擔保契約

資料來源 : Webster's Revised Unabridged Dictionary (1913)

Hypothecation \Hy*poth`e*ca"tion\, n. [LL. hypothecatio.]
   1. (Civ. Law) The act or contract by which property is
      hypothecated; a right which a creditor has in or to the
      property of his debtor, in virtue of which he may cause it
      to be sold and the price appropriated in payment of his
      debt. This is a right in the thing, or jus in re.
      --Pothier. B. R. Curtis.

            There are but few cases, if any, in our law, where
            an hypothecation, in the strict sense of the Roman
            law, exists; that is a pledge without possession by
            the pledgee.                          --Story.

   Note: In the modern civil law, this contract has no
         application to movable property, not even to ships, to
         which and their cargoes it is most frequently applied
         in England and America. See {Hypothecate}. --B. R.
         Curtis. Domat.

   2. (Law of Shipping) A contract whereby, in consideration of
      money advanced for the necessities of the ship, the
      vessel, freight, or cargo is made liable for its
      repayment, provided the ship arrives in safety. It is
      usually effected by a bottomry bond. See {Bottomry}.

   Note: This term is often applied to mortgages of ships.