Key Concepts in Comparative Property Law: Hypothec, RoT, and Servitudes
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Hypothec: Elements and Content
Elements of a Hypothec
Subjective Elements: Hypothecor and Hypothecee
Capacity: The constituent must be the owner of the immovable property and possess the right to dispose of it.
Objective Elements
The property must be free of any other charge and capable of guaranteeing any type of obligation.
Formal Elements
Requires a written agreement (specifying the obligation/sum of money covered), a notarial deed, and registration. Registration has a constitutive effect in Spain (SP), the UK, Germany (GER), and the Netherlands (Dutch).
Content of the Hypothec
The owner of the property (debtor) remains the possessor and can use (civiliter use), enjoy, dispose of, and even further burden the property. The hypothec itself can be modified.... Continue reading "Key Concepts in Comparative Property Law: Hypothec, RoT, and Servitudes" »