通译比典:hypothecation与mortgage之间的辨析

以下是mortgage与hypothecation的详细用法辨析，采用学术化框架呈现：一、法律属性差异 1. mortgage（抵押） - 英美法系下的完全担保形式 - 转移法定所有权（legal title）至债权人 - 典型应用：不动产按揭（real estate mortgage） - 案例：购房者将房产title转让给银行，清偿后重新获得 2. hypothecation（质押/押汇） - 大陆法系概念的不转移占有担保 - 保留所有权但创设担保权益（security interest） - 典型应用：航运提单质押（bill of lading hypothecation） - 案 ...(以上内容有节略,please sign in for more)

(1).中国译典 hypothecation mortgage

n.

抵押;担保契约

扩展解释：n. 【法律专业】

质押 ,担保合同 ,抵押,抵押权,抵押权的设定

【海运】

质押，抵押押船契约，担保契约

n.

①[U][C]抵押;

vt.

①抵押;

扩展解释：【法律专业】

按揭 ,出典,抵当,抵押,抵押,抵押品,抵押权,典质

n.

1. 抵押[U][C]2. 抵押借款[C]3. 抵押契据[C]4. 受押人对抵押品的权利[U][C]vt.1. 抵押[(+to/for)]2. 【口】以...作担保,把...许给[(+to)]

n.

抵押,保证

(2).维基词典 hypothecation mortgage

the use of property, or an existing mortgage, as security for a loan, etc.

A tax levied for a specific expenditure

A special form of secured loan where the purpose of the loan must be specified to the lender, to purchase assets that must be fixed (not movable) property, such as a house or piece of farm land. The assets are registered as the legal property of the borrower but the lender can seize them and dispose of them if they are not satisfied with the manner in which the repayment of the loan is conducted by the borrower. Once the loan is fully repaid, the lender loses this right of seizure and the assets are then deemed to be unencumbered.

State of being pledged.

To borrow against a property, to obtain a loan for another purpose by giving away the right of seizure to the lender over a fixed property such as a house or piece of land; to pledge a property in order to get a loan.

To pledge and make liable; to make subject to obligation; to achieve an immediate result by paying for it in the long term.

(3).牛津词典 hypothecation mortgage

a legal agreement by which a bank, building society, etc. lends money at interest in exchange for taking title of the debtor's property, with the condition that the conveyance of title becomes void upon the payment of the debt

the amount of money borrowed in a mortgage

a deed effecting a mortgage.

convey (a property) to a creditor as security on a loan

expose to future risk or constraint for the sake of immediate advantage

(4).韦伯斯特词典 hypothecation mortgage

The act or contract by which property is hypothecated; a right which a creditor has in or to the property of his debtor, in virtue of which he may cause it to be sold and the price appropriated in payment of his debt. This is a right in the thing, or jus in re.

A contract whereby, in consideration of money advanced for the necessities of the ship, the vessel, freight, or cargo is made liable for its repayment, provided the ship arrives in safety. It is usually effected by a bottomry bond. See Bottomry.

A conveyance of property, upon condition, as security for the payment of a debt or the preformance of a duty, and to become void upon payment or performance according to the stipulated terms; also, the written instrument by which the conveyance is made.

State of being pledged; as, lands given in mortgage.

To grant or convey, as property, for the security of a debt, or other engagement, upon a condition that if the debt or engagement shall be discharged according to the contract, the conveyance shall be void, otherwise to become absolute, subject, however, to the right of redemption.

Hence: To pledge, either literally or figuratively; to make subject to a claim or obligation.

网络相关图 hypothecation mortgage

(1).中国译典 hypothecation mortgage

n.

抵押;担保契约

扩展解释：n. 【法律专业】

质押 ,担保合同 ,抵押,抵押权,抵押权的设定

【海运】

质押，抵押押船契约，担保契约

n.

①[U][C]抵押;

vt.

①抵押;

扩展解释：【法律专业】

按揭 ,出典,抵当,抵押,抵押,抵押品,抵押权,典质

n.

1. 抵押[U][C]2. 抵押借款[C]3. 抵押契据[C]4. 受押人对抵押品的权利[U][C]vt.1. 抵押[(+to/for)]2. 【口】以...作担保,把...许给[(+to)]

n.

抵押,保证

(2).维基词典 hypothecation mortgage

the use of property, or an existing mortgage, as security for a loan, etc.

A tax levied for a specific expenditure

A special form of secured loan where the purpose of the loan must be specified to the lender, to purchase assets that must be fixed (not movable) property, such as a house or piece of farm land. The assets are registered as the legal property of the borrower but the lender can seize them and dispose of them if they are not satisfied with the manner in which the repayment of the loan is conducted by the borrower. Once the loan is fully repaid, the lender loses this right of seizure and the assets are then deemed to be unencumbered.

State of being pledged.

To borrow against a property, to obtain a loan for another purpose by giving away the right of seizure to the lender over a fixed property such as a house or piece of land; to pledge a property in order to get a loan.

To pledge and make liable; to make subject to obligation; to achieve an immediate result by paying for it in the long term.

(3).牛津词典 hypothecation mortgage

a legal agreement by which a bank, building society, etc. lends money at interest in exchange for taking title of the debtor's property, with the condition that the conveyance of title becomes void upon the payment of the debt

the amount of money borrowed in a mortgage

a deed effecting a mortgage.

convey (a property) to a creditor as security on a loan

expose to future risk or constraint for the sake of immediate advantage

(4).韦伯斯特词典 hypothecation mortgage

The act or contract by which property is hypothecated; a right which a creditor has in or to the property of his debtor, in virtue of which he may cause it to be sold and the price appropriated in payment of his debt. This is a right in the thing, or jus in re.

A contract whereby, in consideration of money advanced for the necessities of the ship, the vessel, freight, or cargo is made liable for its repayment, provided the ship arrives in safety. It is usually effected by a bottomry bond. See Bottomry.

A conveyance of property, upon condition, as security for the payment of a debt or the preformance of a duty, and to become void upon payment or performance according to the stipulated terms; also, the written instrument by which the conveyance is made.

State of being pledged; as, lands given in mortgage.

To grant or convey, as property, for the security of a debt, or other engagement, upon a condition that if the debt or engagement shall be discharged according to the contract, the conveyance shall be void, otherwise to become absolute, subject, however, to the right of redemption.

Hence: To pledge, either literally or figuratively; to make subject to a claim or obligation.

hypothecation bond

船货抵押债券

mean mortgage-to-income ratio

按揭还款与入息比例平均数

hypothecation certificate

抵押证明书

(buy to let)mortgage

(购后出租)抵押贷款

hypothecation insurance

抵押保险

Assets mortgage of the JV

合作企业的资产抵押

hypothecation goods

抵押品

on mortgage

作抵押