hypothec การใช้

• Landlord's hypothec is enforced by court proceedings known as sequestration for rent.
• The Act makes some changes to the hypothec, even though it is not a diligence.
• It also abolishes the hypothec over goods owned by a third party ( section 208 ( 4 ) ).
• The goods must, however, be present on the premises at the time of enforcement of the hypothec.
• The lessor s knowledge of the existence of the goods is not required before the hypothec may be enforced.
• If both are insufficient, the hypothec may be extended to property belonging to a third party, so long as:
• The hypothec does not secure all sums which happen to be due to the landlord, only a portion of the rent.
• There is no similar institution to the mortgage in the civil law, however a hypothec is a device to secure real rights against property.
• Originating in Roman law, a " hypotheca " was essentially a non-possessory title, a hypothec operates by hypothecation and transfers neither possession nor title.
• Once the lessor s hypothec has been perfected, the lessor acquires a real security right : a right of preference following a sale in execution of the movable property.
• The lessor's tacit hypothec will be nullified if the third party informs the lessor of his ownership of the property in question prior to the perfection of the hypothec.
• The lessor's tacit hypothec will be nullified if the third party informs the lessor of his ownership of the property in question prior to the perfection of the hypothec.
• It is important to note that the Security by Means of Movable Property Act excludes the lessor s hypothec in respect of property purchased in terms of a hire purchase agreement.
• Under Scots law, Landlord's hypothec is a common law right of security enjoyed by landlords over any goods sited on the leased premises, regardless of who owns those goods.
• By the same act and by the Agricultural Holdings ( Scotland ) Act 1883 other rights and remedies for rent, where the right of hypothec had ceased, were given to the landlord.
• :" My noble friend, Lord Rosebery, speaking to me of the law of hypothec, said that the bill of Mr . Vans Agnew on hypothec is a " Tulcan Bill ".
• :" My noble friend, Lord Rosebery, speaking to me of the law of hypothec, said that the bill of Mr . Vans Agnew on hypothec is a " Tulcan Bill ".
• If the " invecta et illata " are insufficient to cover the rent arrears, the hypothec may be extended to " invecta et illata " that belong to a sub-lessee.
• To create a real security right, the lessor must perfect the tacit hypothec by obtaining a court order which interdicts the alienation or removal of the " invecta et illata ", or else attaches them.
• For example, it completes the process of abolishing the hypothec over goods in dwelling-houses that was initiated by the Debt Arrangement and Attachment ( Scotland ) Act 2002 ( section 208 ( 3 ) of the 2007 Act ).