| 单词 | hypothec |
| 释义 | hypothec hypothec a security over moveable property that permits the bor- rower to retain possession. A hypothec is equivalent to a charge and is employed in international trading transactions. A letter of hypothe- cation is a letter addressed to a bank giving details of a shipment of goods relating to a draft. Should the draft be dishonoured, the bank is empowered to sell the goods. See Official Assignee of Madras v. Mer- cantile Bank of India [1935] AC 53. Maritime liens are a form of hypothec. Seamen have a lien for wages; a salvor for any sum due on salvage; a person repairing a ship or giving supplies in a foreign port197 hypothecation for the services; one suffering loss as a result of damage caused by the ship. Claims under bonds of BOTTOMRY and RESPONDENTIA are secured by hypothec. In Scotland special hypothecs are known: (1) the landlord's hypothec is a security over the invecta et illata (things brought or carried into the premises) subject to recognised excep- tions in respect of one year's rent and not for prior arrears. The secu- rity will attach goods on hire or hire purchase; (2) the feudal superior's hypothec for FEU DUTY (analogous to the land- lord's hypothec) is of less significance now that very many (but not all) feu duties have been statutorily redeemed; (3) a solicitor has a hypothec over any expenses to which his client is entitled; (4) the maritime hypothecs mentioned in respect of England are recognised in Scotland too. |
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