antichresis


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antichresis

in Roman law the agreement whereby the creditor in a pawn or mortgage-type transaction was permitted to have the fruits of the property pledged in lieu of interest.

ANTICHRESIS, contracts. A word used in the civil law to denote the contract by which a creditor acquires the right of reaping the fruit or other revenues of the immovables given to him in pledge, on condition of deducting, annually, their proceeds from the interest, if any is due to him, and afterwards from the principal of his debt. Louis. Code, art. 3143 Dict. de Juris. Antichrese, Mortgage; Code Civ. 2085. Dig. 13, 7, 7 ; 4, 24, 1 Code, 8, 28, 1.

References in periodicals archive ?
A: It bears to note that whether the agreement of the spouses and Ama is one of antichresis, the same is totally irrelevant since the issue of the case that was filed by the spouses refer to the validity of the documents that caused the subsequent transfers of the property involved.
Be that as it may, the contract of antichresis the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit.
In verbis: "The civil law systems recognize many types of split ownership, joint ownership, servitudes, usufruct, usus, habitation, pledge, mortgage, antichresis, lease, and emphyteusis, and modern French Law permits the substantial equivalente of almost every type of future interest known to the common laW (Property and trust: trust.
The Brazilian Civil Code provides that in the case of debts guaranteed by a security interest, antichresis or mortgage, the property given as a security remains subject and related to the payment of the obligation and that the secured debt has preference over any personal debt.
Article 755 of the Brazilian Civil Code stipulates that the property given to guarantee debts secured by a security interest, antichresis or mortgage is inextricably linked to the payment of the underlying debt.
His training for the priesthood was conducted in antiquated language and concepts - wanting to impress his friend Baillie he listed his present occupation as: 'Emphyteusis, laud-emium, mohatra, antichresis, hypotheca, servitus activa et passiva.