Mortgage History
September 13, 2010 Uncategorized
The term mortgages is a compound expression, that comes from the classic Greek language, derived from the words hypo (underneath) and teka (drawer, box); that is to say, that hypo-teka was for Greek the something that he was hidden, what he remained hidden underneath the drawer, since external signs of their existence do not exist, when not entailing the possession in favor of the mortgagee to be conctituida, and the mortgaged property continues belonging to, and continues being owned by, indebted the hypothecating one. Despite the present regulation and the idea of the mortgage it is inherited of the Roman right. Concretely, in old Rome there were two main forms to guarantee, with real effectiveness, a debt:
The Fiducia: That it consisted of which the indebted one transferred the property of a good to the creditor to guarantee the debt. It generated a great lack of protection for the indebted one.
prenda or pignus, with a regulation very similar to the present one.
The later improvement gave rise, sometimes, when the indebted one needed its goods to be able to pay the debt, to that the article was agreed without displacement of the possession in favor of the [...]