WARNING:
JavaScript is turned OFF. None of the links on this concept map will
work until it is reactivated.
If you need help turning JavaScript On, click here.
This Concept Map, created with IHMC CmapTools, has information related to: 13 2 Real security, Pignus hypothecave is Established, Pignus hypothecave where Contents of pledge, Pactum antichresis: agreement that can draw fruits to reduce the amount of interest and later Ius distrahendi: right to sell and use proceeds to settle debt with superfluum paid back to debtor, Some res incorporales incl Debts owing to you, Justinian ???? Prohibition of sale: sell after 3 demands and additional 2 years after 3rd demand, Pignus hypothecave where Sale of pledge object, 2nd creditor and further had claim for superfluum and Second creditor could acquire ius distrahendi by paying 1st creditor, Contents of pledge incl Ius possidendi: protected by possessory interdicts and actio hypothecaria, If anything happens to thing while in use, even if couldn't be prevented, creditor will be liable but Pactum antichresis: agreement that can draw fruits to reduce the amount of interest, Second creditor could acquire ius distrahendi by paying 1st creditor but Statutory provisions given priority: fiscus, wife's dowry or loan or repair of pledged object, Initially not allowed as only ius possidendi where Creditor protected, but could not satisfy debt directly, Ius possidendi: protected by possessory interdicts and actio hypothecaria w/ Hypothec: possession only when non-payment, Res becomes owner when non-payment, but unfair and later Ius distrahendi: had to explicitly include in fiducia, but automatic w/ pledge at end, With hypothec, same object could be used as security multiple times so 2nd creditor and further had claim for superfluum, REAL SECURITY is Pignus hypothecave, Everything that could be sold incl Res corporales in commercium, Multitudinous rights and Termination, Justinian ???? No pactum: could sell, but process 1st where demand, two years and then sell, Universitas rerum eg flock of sheep and Some res incorporales, Ius possidendi: protected by possessory interdicts and actio hypothecaria w/ Pignus: immediate possession