\hˌa͡ɪpə͡ʊtˈɛk], \hˌaɪpəʊtˈɛk], \h_ˌaɪ_p_əʊ_t_ˈɛ_k]\
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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.
By Henry Campbell Black
French law. Properly, the right acquired by the creditor over the immovable property which has been assigned to him by his debtor, as security for his debt, although he be not placed in possession of it. The hypotheque might arise in two was. 1. By the express agreement of the debtor, which was the conventional hypotheque. 2. By disposition of law, which was the implied or Iegal hypotheque. This was nothing but a lien or privilege which the creditor enjoyed of being first paid out of the land subjected to this incumbrance. For example, the landlord had hypotheque on the goods of his tenant or others, while on the premises let. A mason had the same on the house he built. A pupil or a minor on the land of his tutor or curator, who had received his money. Domat, Loix Civiles, 1. 3, & 1; 2 Bouv. Inst. 1817.
By John Bouvier