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Modern hypothecs are found in civil-law countries such as France and Germany.
In France there are three types of hypothecs: contractual, judicial, and legal.
Contractual hypothecs are those made between individuals, and they must be notarized before witnesses.
Judicial hypothecs are instituted by the court against all the property, present and future, of a debtor.
Legal hypothecs are rights given to married women over the property of their husbands, and to children and incapacitated individuals over the property of their guardians.
Hypothecs involve real rights but do not include ownership.
Similar(2)
The Anglo-American mortgage roughly corresponds to the hypothec in civil-law systems.
Hypothec, in Roman law, a type of security for a debt in which the creditor had neither ownership nor possession.
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