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Simple English definitions for legal terms
hypothecaria actio
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A quick definition of hypothecaria actio:
Hypothecaria actio is a legal term from Roman law that refers to an action taken to enforce a mortgage or to get back the thing that was mortgaged. It is also known as actio hypothecaria. In simple terms, it is a legal process to make sure that someone who borrowed money and put up something as collateral (like a house) follows through on their promise to pay back the money.A more thorough explanation:
Definition: A legal action in Roman law used to enforce a mortgage or to obtain the surrender of the mortgaged property.
Example: If a person takes out a mortgage on their house and fails to make payments, the lender can use a hypothecaria actio to take legal action and enforce the mortgage by taking possession of the property.
This legal term is specific to Roman law and is not commonly used in modern legal systems. The example illustrates how the hypothecaria actio was used to enforce mortgages, which was an important aspect of property law in ancient Rome.